Foods made from hemp are controlled substances and are therefore illegal, according to a ruling by the Drug Enforcement Agency. The ruling took effect Dec. 10.

Hemp seeds are the same as marijuana, claims the DEA. In response to the ban, a protest was held on Dec. 4 in front of the Columbus DEA office, complete with free samples of hemp food products.

“I am very opposed. I find the ban to be an attack on those who seek a healthy alternative diet compared to the ‘McDonaldazation’ of society,” said Kenneth Schweickart, spokesman for Drug Policy Education of Ohio.

The hemp seed is healthier than a soy bean, Schweickart said.

Hemp and marijuana are separate parts of the species of the cannabis plant. Tetrahydrocannabinols (THC) is the substance in marijuana that causes the illegal “high” effect. Marijuana is found in the buds, leaves and resin of the plant.

The remainder of the plant, the stalks and seeds, make up hemp. Hemp foods are made from the seeds of the non-psychoactive industrial hemp.

It is legal to grow industrialized hemp in any country but the United States. The majority of the imported hemp comes from Canada.

In a October 9 press release from the DEA, Administrator Asa Hutchinson stated many Americans do not know hemp and marijuana are both parts of the same plant and hemp cannot be produced without producing marijuana.

The cannabis plant has many different varieties, including many that are completely non-psychoactive, such as cannabis finola and cannabis chinesis. These are the varieties of the plant used to produce hemp, yet the DEA claims they are components of marijuana, Schweickart said.

The DEA justifies its opinion with an out-of-date definition, Schweickart said.

In the cannabis plant, most of the THC is concentrated in the marijuana, but all parts of the plant have been found to contain small amounts of THC. This is important because THC is a schedule I controlled substance. The Federal law prohibits possession and human consumption of schedule I controlled substances.

The DEA recognized that many businesses selling hemp foods may have quantities in stock. Therefore, the DEA is providing a grace period of 120 days to dispose of the products or remove them from the United States. During this time it will be illegal for any person to manufacture, sell or consume hemp foods.

Many supporters of hemp foods and hemp products, such as the Drug Policy Education of Ohio, are concerned about this ban. The legality of other hemp products, such as clothing and plastic items could be in jeopardy, Schweickart said. An interim ruling with the U.S. Congress on whether to make these products illegal is in progress.

If consumers are concerned whether a food or beverage made from hemp is illegal, the DEA suggests asking the distributor or personally checking the ingredient list on the product. If it says it contains THC, it is illegal.

Some examples of foods that can be made from the seeds of industrialized hemp are flour, salad oil, beer, cheese, ice cream and corn chips.