[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