Natural Environment Blog

Two North Dakota farmers fighting for the right to grow industrial hemp, have had their case heard in the United States court of appeals. 

The farmers sued the DEA in June last year because it was preventing them from planting hemp, despite the fact that they had received state licences to grow the plant. 

Although the state of North Dakota has granted the farmers with licences to grow hemp, the federal law claims that industrial hemp is a drug and therefore prohibits them from doing so.

Initial Ruling

The U.S. District Court of North Dakota had initially dismissed the farmers’ case in June 2007, ruling that that hemp and marijuana are the same.

Contrary to this ruling, scientific evidence actually shows that not only are oilseed and fiber varieties of Cannabis genetically distinct from drug varieties, but there are absolutely no psychoactive effects gained from eating it.

Wednesday’s Hearing

The farmers, represented by attorneys Joe Sandler and Tim Purdon, argued to the court that there is no possibility the hemp crop could be diverted into the market for drugs.

“Given North Dakota’s unique regulatory regime, nothing leaves the farmer’s property except those parts of the plant Congress has already decided should be exempt from regulation: hemp stalk, fiber seed and oil. The question is whether there is any rational basis for Congressional regulation of the plant itself growing on the farmer’s property. The answer is no — because industrial hemp is useless as drug marijuana and there’s no danger of diversion, so there’s no possible impact on the market for drug marijuana.” Mr Sandler argued to the court.

The government argued that the plaintiffs should apply to the DEA for permission to grow hemp and that the court didn’t have jurisdiction over the issues raised by the farmers.

Melissa Patterson, representative for the Justice Department, said “The plaintiffs should await the DEA’s decision on their application,”

In response, Judge Michael Milloy asked, “Isn’t it true the DEA will not rule on the farmer’s applications to grow hemp, you’ve had eleven months?”

Ms. Patterson answered, “The DEA has not replied out of respect to the pending proceedings.”

In response to the jurisdictional objections made by the DEA, Judge Lavenski Smith said, “When there is a legitimate constitutional issue brought before us we can hear the case.”

The court is expected to make a written decision next year.

Benefits of Hemp

Hemp is an environmentally friendly fiber, often referred to as a “super fiber” due to it’s enormous versatility.

Two North Dakota farmers fighting for hemp legalization will continue their fight in the federal appeals court on Wednesday. 

The farmers, who renewed their annual hemp licences almost a year ago, are still not legally allowed to grow hemp because of the federal law.

The lawsuit, which has been funded by Vote Hemp, has cost approximately $100,000 since it began in June last year. 

State Law Says “Yes”, Federal Law Says “No”

Although the state of North Dakota, recognizing the difference between hemp and marijuana, has allowed the farmers to grow industrial hemp, the U.S. Drug Enforcement Administration (DEA) has a different view.

“The level of THC in the plant doesn’t matter. If there’s any THC in the plant, it’s illegal,” DEA spokesman Garrison Courtney says, referring to the farmers’ argument that industrial hemp contains extremely low levels of THC, and therefore shouldn’t be classified as a drug.

“To get those pieces of stalk that are legal, you have to grow a marijuana plant.”

Case Initially Dismissed

The case was initially dismissed by U.S. District Judge Daniel Hovland in Bismarck, N.D in November last year.    

The farmers’ lawyer, Tim Purdon says that they appealed that ruling, hoping for a new ruling that hemp “is not subject to regulation by the DEA and that our farmers aren’t going to be charged with a crime.”

He also says that the district judge should not have dismissed the case without hearing evidence about the differences between hemp and marijuana, adds Washington lawyer Joe Sandler, who will argue the farmers’ case before the appeals court.

To learn more about this case, and to view all court documents, view the North Dakota Case section of the Vote Hemp website.

Two farmers in North Dakota received licenses from the N.D. state to grow industrial hemp. But if they do grow it, they will be breaking the law. It’s now a year later - renewal time. But still not allowed to grow industrial hemp.

Apparently it’s all mixed up between state and federal government. North Dakota Agriculture Commissioner Roger Johnson said:

“Although other states are beginning to follow North Dakota’s lead in legalizing the production of industrial hemp, it very well may be up to the courts to bring about the necessary recognition of industrial hemp as a legitimate crop,”

and…

“Congress seems to have little stomach for the matter, and it is highly unlikely that DEA will change its stand and choose to exercise its discretion to differentiate between industrial hemp and marijuana.”

Source: GrandForksHerald

Just another demonstration of how the US hemp law is preventing people from doing the right thing by the environment.