WASHINGTON (AFP) - Foods made from hemp, a less-known cousin of marijuana, can't be outlawed by the US government's narcotics agency, under a court ruling after a 2-1/2-year legal battle.

The ruling Friday by the Ninth Circuit US Court of Appeals was hailed by a coalition of companies that make hemp-based foods including waffles, vegetarian burgers and nutrition bars.


The court ruled that the Drug Enforcement Administration overstepped its authority by issuing a so-called zero-tolerance rule for the active ingrdient in marijuana, THC, or tetrahydrocannabinols.


The court ruled that the DEA officials "can regulate foodstuffs containing natural THC if it is contained within marijuana, and can regulate synthetic THC of any kind. But they cannot regulate naturally-occurring THC not contained within or derived from marijuana -- i.e., non-psychoactive hemp products."


The decision "is a huge boost to the hemp food market, and we expect to see many more hemp food products on store shelves," said David Bronner of the Hemp Industries Association, and maker of organic hemp nutrition bars.


"Based on today's decision, the court reasonably views trace insignificant amounts of THC in hemp seed in the same way as it sees trace amounts of opiates in poppy seeds."


A DEA spokesman said Monday no decision had been made on whether to appeal the ruling.


"It's being looked at by our chief counsel's office," said DEA spokesman Ed Childress.


DEA officials had argued that stopping marijuana growing could be rendered more difficult if hemp were legal, because it would require agents to take samples for analysis before determining whether a plant is marijuana or hemp.


"There is basically no difference beween a hemp plant and a marijuana plant. The main difference is the level of THC," said Childress.


Hemp oil has long been used for industrial purposes but more recently has been found to have an exceptional nutritional profile -- containing essential fatty acids found in fish that are considered important for good health.


US hemp food companies say they observe reasonable THC limits similar to those adopted by European nations, Canada and Australia, to ensure low levels of THC.