Two North Dakota farmers desired to grow hemp within the state without having to worry about federal prosecution. On Tuesday a federal appeals court upheld a district court decision to throw out the farmers’ lawsuit in which they sought to have the Drug Enforcement Administration grant permission to grow the crop.The two farmers, Wayne Hauge and David Monson, received North Dakota’s first state licenses to grow industrial hemp in 2007; however, the farmers still needed federal permission to avoid arrest. The two never received Drug Enforcement Administration (DEA) approval, so the farmers sued the DEA for a little piece of mind—to know they can farm the hemp without getting arrested by federal officials.
As James MacPherson reports for the Associated Press, the case has been ongoing before the 8th U.S. Circuit Court of Appeals for over a year since U.S. District Court Judge Daniel Hovland dismissed the suit.
What to do next has the farmers at a bit of a conundrum. Judge Hovland suggested the farmers lobby Congress to change the federal drug laws so that hemp is not considered a controlled substance though it contains trace amounts of tetrahydrocannabinol (THC), which is the chemical found in marijuana. The farmers, one of whom is a Republican state legislature, can read the tea leaves in Washington and know that it is unlikely Congress would review hemp’s status as a controlled substance any time soon. So, they are also hopeful that the Justice Department will somehow intervene in the issue.
As the AP reports, hemp can be used to make paper, lotions, rope, clothes, and other fibrous-dependent products. It’s considered both a strong and durable fiber. North Dakota was the first state to issue licenses for farmers to grow industrial hemp.
Hemp is grown legally just north of North Dakota, in Canada.
To read the Associated Press article click here.
Posted: 12/23/09
