AOH :: MJ-USLAW.TXT|
How the law reads about marijuana.
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Msg : #5686 
From : John Birrenbach 1:282/56 Wed 06 Apr 94 11:55
To : All
Subj : US MJ LAWS **FAQ**
F. A. Q.
U. S. Laws Governing Cannabis Hemp in the United States
By John T Birrenbach, Founder,
The Institute for Hemp
PO Box 65130 St Paul, MN 55165
e-mail: email@example.com OR 72064.1766@compuserve. com
Marijuana and hemp fall into the legal category of a controlled
substance, that is they are legal to possess if the proper conditions are met.
They are not per se ILLEGAL as several people and companies have and are using
marijuana in the treatment of disease and production of materials.
The legal definition of Marijuana both Federally and locally is
21 USC 802 (15)
+the term +Marijuana+ means all parts of the plant cannabis Sativa L.,
whether growing or not; the seeds thereof; the resin extracted from any part of
such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant its seeds
or resin. Such term does not include the mature stalks of such plant, fiber
produced from such stalks, oil or cake made from the seeds of such plant, and
other compound, manufacture, salt,derivative, mixture, or preparation of such
mature stalks (except the resin extracted therefrom), fiber, oil, or cake from
the sterilized seeds of such plant which is incapable of germination+
This section of law basically means the following. The viable seeds,
flowers, leaf and resin collected from a cannabis plant is marijuana. The
stalks, sterile seeds, fiber and products made from them are not considered
marijuana. Several states have made attempts to change this. In Kentucky in 1992
they removed everything from +But shall not include.. + thus making these
products marijuana by definition.
STATE AND FEDERAL PERMITS ARE ALLOWED:
All states have a permit process by which you can be registered to
handle controlled substances. To determine the permit you need you must look at
the laws governing the licensing of controlled substance distributors.
The Department of Agriculture in some states may have laws governing the
growing of hemp for commercial uses or ordering its destruction as a noxious
Why Specifically do you need the DEA permit? Well, when you look at the
federal law defining MARIJUANA you see that the seed that grows, the leaf and
flowers are considered marijuana and thus a controlled substance.
Further the DEA will not issue a permit unless the locals have given you
a permit for the same. You may file concurrently as the local authorities will
want federal permits to be issued before they give final approval.
WHO IS AUTHORIZED TO ISSUE THE PERMITS.
You can apply for a Federal Controlled Substances Permit and
registration number with the DEA under 21 USC 822 and 823 and the DEA under 21
CFR 1301. To possess a controlled substance legally you need a permit for one of
Manufacture, Import, Distributor - File DEA Form 225 along with your
Re-registration is required on an annual basis. To re-register you+ll
need to file DEA form 225A along with your application fee.
These and further regulations regarding other operations are contained
in Federal Regulations under 21 CFR 1301.00 - .99
It+s important to remember that these regulations are in place to limit
the chance of diversion of the controlled substance to a person who is not
registered with the government.
--- Maximus 2.01wb
* Origin: The Senate Chamber; Crystal, Mn; 612-535-5554; V.FC (1:282/56)
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