[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Rules and Regulations]
[Page 7073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3934]



[[Page 7073]]

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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[DEA-206]
RIN 1117-AA55


Exemption From Control of Certain Industrial Products and 
Materials Derived From the Cannabis Plant

AGENCY: Drug Enforcement Administration (DEA), Department of Justice.

ACTION: Interim Rule; extension of grace period to dispose of existing 
inventories of hemp products.

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SUMMARY: On October 9, 2001, DEA published in the Federal Register (66 
FR 51539) an interim rule which exempted from control certain THC-
containing industrial products, processed plant materials used to make 
such products, and animal feed mixtures. With respect to those products 
that were not exempted from control under the interim rule, DEA 
provided in the interim rule a 120-day grace period to allow persons 
with existing inventories to dispose of such inventories. The 120-day 
grace period ended on February 6, 2002. However, DEA will now extend 
the grace period until March 18, 2002, under the same terms as 
previously set forth in the interim rule.

DATES: Effective October 9, 2001. The grace period for the disposal of 
existing inventories of non-exempted hemp products which expired on 
February 6, 2002, is extended to March 18, 2002.

FOR FURTHER INFORMATION, CONTACT: Frank Sapienza, Chief, Drug and 
Chemical Evaluation Section, Office of Diversion Control, Drug 
Enforcement Administration, Washington, DC 20537, Telephone (202) 307-
7183.

SUPPLEMENTARY INFORMATION: On October 9, 2001, DEA published in the 
Federal Register (66 FR 51,539) an interim rule which exempted from 
control certain THC-containing industrial products, processed plant 
materials used to make such products, and animal feed mixtures. With 
respect to those products that were not exempted from control under the 
interim rule, DEA provided in the interim rule a 120-day grace period 
to allow persons with existing inventories to dispose of such 
inventories. The 120-day grace period ended on February 6, 2002. 
However, DEA will now extend the grace period until March 18, 2002, 
under the same terms as previously set forth in the interim rule.
    Therefore, the terms of the extended grace period are as follows:

    Any person who currently possesses a THC-containing ``hemp'' 
product not exempted from control under the October 9, 2001 interim 
rule has until March 18, 2002 to dispose of such product. However, 
during this extended grace period (as was the case during the prior 
grace period), no person may use any THC-containing ``hemp'' product 
for human consumption (as defined in the interim rule); nor may any 
person manufacture or distribute such a product with the intent that 
it be used for human consumption within the United States.

Regulatory Certifications

Regulatory Flexibility Act

    The Administrator, Drug Enforcement Administration, hereby 
certifies that this rulemaking has been drafted in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation, and by approving it certifies that this regulation will not 
have a significant economic impact on a substantial number of small 
entities. This rulemaking extends the grace period for persons to 
remove existing inventories of products containing 
tetrahydrocannabinols from their inventories and legally dispose of 
them.

Executive Order 12866

    The Administrator further certifies that this rulemaking has been 
drafted in accordance with the principles in Executive Order 12866 
section 1(b). DEA has determined that this is not a significant 
rulemaking action. Therefore, this action has not been reviewed by the 
Office of Management and Budget. This rulemaking provides a benefit to 
the regulated industry by extending the grace period for persons to 
legally dispose of existing inventories of products containing 
tetrahydrocannabinols.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice 
Reform.

Executive Order 13132

    This rulemaking does not preempt or modify any provision of state 
law; nor does it impose enforcement responsibilities on any state; nor 
does it diminish the power of any state to enforce its own laws. 
Accordingly, this rulemaking does not have federalism implications 
warranting the application of Executive Order 13132.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

    Dated: February 11, 2002.
Asa Hutchinson,
Administrator.
[FR Doc. 02-3934 Filed 2-13-02; 3:07 pm]
BILLING CODE 4410-09-P