Food products made with hemp will remain legal after the Justice Department declined to challenge a ruling that overturned a Bush administration ban, lawyers for the hemp industry said.
The appeals court decision was a victory for more than 200 companies that make products including energy bars, waffles, milk-free cheese and veggie burgers with the plant that contains only trace amounts of THC, the key ingredient in marijuana.
Monday night was the deadline for the government to challenge a federal appeals court's February decision that the United States cannot ban the domestic sale of hemp foods.
The San Francisco-based appeals court said that although the Drug Enforcement Administration has regulatory authority over marijuana, the agency did not have the authority to ban foods derived from hemp. The court said it was not possible to get high from products with only trace amounts of the mind-altering chemical.
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