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This page has been developed for those working on hemp activism and legislation in North Dakota.


If you live in North Dakota, please send an email to Sen. Hoeven and call his office and ask him to become an original cosponsor of the Industrial Hemp Farming Act of 2011, which will be introduced by Sen. Ron Wyden of Oregon once he has a Republican cosponsor.

If you do not live in North Dakota, please click here to send an email to your Senator.

Sen. Hoeven is in a unique position to become an original cosponsor of the bill because he was the Governor of North Dakota during which time he signed a number of pieces of hemp legislation.


QUICK CLICK GUIDE — click on the titles below to view section

Take Action in North Dakota

North Dakota Industrial Hemp Legislation

North Dakota Update

Letters to and from North Dakota Officials and DEA

North Dakota Federal Lawsuit - Monson vs DEA

North Dakota Century Code (current law)

North Dakota Administrative Code (current agriculture regulations)

North Dakota Department of Agriculture (current license applications)

North Dakota Reports & Studies


Take Action in North Dakota

Please click here to check to see if there are any action alerts to write or call in support of state hemp legislation in this state.

Click here to make a donation to support our lobbying efforts.


North Dakota Industrial Hemp Legislation

North Dakota State Legislature

2009
HB 1549
A bill for an Act to amend and reenact section 4-41-02 of the North Dakota Century Code, relating to industrial hemp. Introduced on 1/19/09. Referred to the House Agriculture Committee. House Committee reported back amended, do pass on a vote of 11 to 0 on 2/2/09. House second reading and passed on a vote of 88 to 4 on 2/6/09. Received in Senate from House on 2/9/09. Introduced in Senate, first reading, referred to the Senate Agriculture Committee on 2/18/09. Senate Committee reported back amended, do pass on a vote of 7 to 0 on 3/4/09. Senate second reading and passed as amended on a vote of 40 to 1 on 3/6/09. Emergency clause carried. Returned to House on 3/9/09.
Download the text of HB 1549 as Introduced here (PDF file 16k).
Download the text of HB 1549 as First Engrossment here (PDF file 16k).

HCR 3026
A concurrent resolution urging the United States Drug Enforcement Administration to allow North Dakota to regulate industrial hemp farming without requiring federal applications, licenses, or fees. Introduced in the House on 1/29/09. Referred to the House Agriculture Committee. Adopted by the House on 2/19/09. Adopted by the Senate on 3/24/09. Returned to the House on 3/25/09. Signed by the Senate President on 4/1/09. Filed with Secretary of State on 4/7/09.
Download the text of HCR 3026 as Introduced here (PDF file 12k).
Download the text of HCR 3026 as Enrolled here (PDF file 16k).

2007
SB 2099
To amend and reenact subsections 1 and 3 of section 4-41-02 of the North Dakota Century Code, relating to industrial hemp; to provide a continuing appropriation; and to declare an emergency. Introduced on 1/3/07. Passed Senate 46-0 on 1/11/07. Passed House 79-11 on 2/26/07. Signed by House Speaker 2/28/07. Signed by Senate President 3/2/07. Signed by Governor 3/5/07. Filed with Secretary of State 3/6/07.
Download the text of SB 2099 as Introduced here (PDF file 16k).
Download the text of SB 2099 as Enrolled here (PDF file 12k).

HB 1490
To create and enact a new section to chapter 4-41 of the North Dakota Century Code, relating to the sale of industrial hemp seed; to amend and reenact subdivision b of subsection 2 of section 12-60-24 of the North Dakota Century Code, relating to criminal history record checks; to provide an appropriation; and to declare an emergency. Introduced on 1/15/07. Passed House 89-2 on 2/6/07. Signed by House Speaker 2/28/07. Signed by Senate President 3/2/07. Passed Senate 40-0 on 2/23/07. Signed by Governor Hoeven on 3/5/07. Filed with Secretary of State 3/6/07.
Download the text of HB 1490 as Introduced here (PDF file 12k).
Download the text of HB 1490 as Enrolled here (PDF file 12k).

HB 1020
Introduced by Appropriations Committee (At the request of the Governor). A BILL for an Act to provide an appropriation for defraying the expenses of the extension service, northern crops institute, upper great plains transportation institute, main research center, branch research centers, and agronomy seed farm; to provide for transfer of funds; and to declare an emergency. Introduced on 1/3/07. Passed House 92-0 on 4/24/07. Passed Senate 47-0 on 4/25/07. Signed by Governor Hoeven 4/27/07. Filed with Secretary of State 4/30/07.
Download the text of HB 1020 as First Engrossment here (PDF file 32k).
Download the text of HB 1020 as First Engrossment, with Conference Committee Amendments

HCR 3028
A concurrent resolution urging Congress to recognize the multiple benefits of industrial hemp and to facilitate the growing of industrial hemp and the expansion of industries reliant on industrial hemp-based products. Introduced on 1/26/07. Adopted by House on 2/13/07. Adopted by the Senate w/amendment on 3/15/07. Returned to House on 3/16/07. House concurred w/ Senate 4/3/07 on an 89-0 vote. Signed by Senate President and House Speaker on 4/5/07. Filed with Secretary of State on 4/5/07.
Download the text of HCR 3028 as Introduced here (PDF file 12k).

HCR 3042
A concurrent resolution urging Congress to direct the United States Drug Enforcement Administration to differentiate between industrial hemp and marijuana. Introduced on 1/26/07. Adopted by House on 2/13/07. Adopted by the Senate on 3/12/07. Signed by Senate President and House Speaker on 3/20/07. Filed with Secretary of State on 3/20/07.
Download the text of HCR 3042 as Introduced here (PDF file 12k).

2005
HB 1492
Allows feral hemp seed collection and breeding at NDSU. Introduced on 1/17/05. Passed 87-3 in the House; passed 46-0 in the Senate. Signed by Governor Hoeven on 3/9/05.
Download the text of HB 1492 as Enrolled here (PDF file 8k).

2001
HCR 3033
Adopted by the House on 2/20/01. Adopted by the Senate on 3/23/01. Filed with the Secretary of State on 4/3/01.
Download the text of HCR 3033 as Enrolled here (PDF file 10k).

1999
HB 1428
A BILL for an Act to authorize the production of industrial hemp; to create and enact a new section to chapter 63-01.1 of the North Dakota Century Code, relating to the designation of industrial hemp as a noxious weed; and to amend and reenact subsection 13 of section 4-09-01 of the North Dakota Century Code, relating to the definition of noxious weed seeds. Passed 86-7 in the House; passed 44-3 in the Senate. Signed by Governor Schafer on 4/15/99.
Download the text of HB 1428 as Enrolled here (PDF file 12k).

HCR 3038
Passed as amended by the House on 2/17/99. Adopted by the Senate on 3/18/99. Filed with the Secretary of State on 3/23/99.
Download the text of HCR 3038 as Enrolled here (PDF file 8k).

1997
HB 1305
A BILL for an Act to provide for a study of industrial hemp production by the agricultural experiment station.
Passed into law.
Download the text of HB 1305 as Enrolled here (PDF file 6k).


* North Dakota Update *

The North Dakota Department of Agriculture (NDDA) is in the process of developing an Industrial Hemp Farming Program and is now issuing licenses to farmers to grow hemp under existing state law and NDDA rules. Please see the NDDA Industrial Hemp Production Page for more information.

In February of 2007 farmers Dave Monson and Wayne Hauge were granted the nation's first two licenses to grow industrial hemp. They are state licenses and they are now valid under state law and NDDA rules.

North Dakota Agriculture Commissioner Roger Johnson hand-delivered federal applications from Monson and Hauge to the DEA on February 13, 2007. On March 5, 2007 in a letter to DEA Administrator Karen Tandy, Commissioner Johnson made it clear that he expects a decision by DEA on the two industrial hemp license requests by April 1, 2007 in time for that year's planting season. He said if a decision isn't made by then Monson and Hauge won't be able to grow the crop during the 2007 growing season.

Please click here to read Commissioner Johnson's March 5, 2007 letter to Administrator Tandy.

Please click here to read DEA's March 27, 2007 letter in reply to Commissioner Johnson.

Keeping up the state's reputation as the strongest advocate for industrial hemp farming, the North Dakota legislature has produced no less than five industrial hemp bills in the 2007 session:

SB 2099 passed the Senate 46-0 on January 11, 2007, the House 79-11 on February 26, 2007 and was signed by Governor Hoeven on March 5th. The bill clarifies that, in addition to farmers, processors can seek a state license to handle industrial hemp.

HB 1490, allowing anyone with a state license to import and resell certified industrial hemp, passed House 89-2 on February 6, 2007, the Senate 40-0 on February 23, 2007, and was also signed by Governor Hoeven on March 5th.

HB 1020, is the state's agricultural research appropriations bill, which this year is part of Governor Hoeven's Comprehensive Renewable Energy Plan. The bill had included $300,000 for the main research center to procure hemp seed and produce a study by August 1, 2008, on "industrial hemp production in North Dakota, including the latest available research and data regarding soils and growing conditions, seed availability, harvest methods, market economies, environmental benefits, law enforcement concerns, and issues of concern to producers from other countries." In the final version of the bill, First Engrossment, with Conference Committee Amendments the research funding was removed, but this language was added: "A license required by this section is not conditioned on or subject to review or approval by the United States drug enforcement agency." The bill passed the House 92-0 on April 24, 2007 and passed the Senate 47-0 on April 25, 2007 and was signed by Governor Hoeven on April 27, 2007.

HCR 3028, a concurrent resolution urging Congress to recognize the multiple benefits of industrial hemp and to facilitate the growing of industrial hemp and the expansion of industries reliant on industrial hemp-based products, was adopted by the House on February 13, 2007 and by the Senate on March 15, 2007.

HCR 3042, a concurrent resolution urging Congress to direct the United States Drug Enforcement Administration to differentiate between industrial hemp and marijuana, was adopted by the House on February 13, 2007 and by the Senate on March 12, 2007.

On June 18, 2007 the two North Dakota farmers granted state hemp farming licenses, Rep. David Monson and Wayne Hauge, filed a lawsuit in U.S. District Court for the District of North Dakota in an effort to end the U.S. Drug Enforcement Administration's (DEA) obstruction of commercial hemp farming in the United States. If successful, the legal action would result in licensed hemp farmers receiving assurances that no federal agency could hold them criminally liable under the Controlled Substances Act. Vote Hemp's grassroots supporters are funding the legal action.

Please click here to download the complaint filed in U.S. District Court for the District of North Dakota. (PDF file 120k)

Please click here to listen to a recording of the June 18, 2007 teleconference discussing the filing case of Monson vs DEA. Participants were: Rep. David Monson, North Dakota House assistant majority leader, farmer; Wayne Hauge, Seed breeder, licensed hemp farmer; Roger Johnson, North Dakota agriculture commissioner; Tim Purdon, Vogel Law Firm, Bismarck, attorney for the plaintiffs; Joe Sandler, legal counsel for VoteHemp.com; Eric Steenstra, president, VoteHemp.com. (mp3 file 13MB)

Please see the North Dakota Case page for more information on the case of Monson vs DEA.


There have been numerous letters from officials in North Dakota to DEA and the U.S. Department of Justice. See below for a selection of them that are in our archives.

Please click here to read Governor Hoeven's December 20, 2004 letter to Administrator Tandy.

Please click here to read the November 16, 2009 letter from Governor Hoeven, Agriculture Commissioner Doug Goehring, Attorney General Wayne Stenehjem and Speaker of the House David Monson to Spencer Overton in the U.S. Department of Justice.

Please click here to read Spencer Overton's January 14, 2010 letter in reply to Commissioner Doug Goehring.

Please click here to read Joseph T. Rannazzisi's October 20, 2010 letter in reply to Commissioner Doug Goehring. (Joseph Rannazzisi is the DEA Deputy Assistant Administrator, Office of Diversion Control.)


Quick Links Concerning Industrial Hemp in North Dakota

North Dakota Century Code:

Main Index

North Dakota Century Code - Title 4 - Agriculture
4-05.1 Agricultural Experiment Station and Agricultural Research (PDF file 20k)

North Dakota Century Code - Title 4 - Agriculture
4-41 Industrial Hemp (PDF file 12k)

North Dakota Century Code - Title 4 - Agriculture
4-09 State Seed Department related to Cannabis as a noxious weed (PDF file 72k)

North Dakota Administrative Code:

Main Index

Title 7 - Agriculture, Commissioner of

7-14 - Industrial Hemp Administrative Rules

North Dakota Administrative Code - Title 7 - Agriculture, Commissioner of
7-14-01 - Industrial Hemp, General Information (PDF file 48k)

North Dakota Administrative Code - Title 7 - Agriculture, Commissioner of
7-14-02 - Industrial Hemp Production (PDF file 76k)

North Dakota Department of Agriculture (NDDA):

Main Index

Industrial Hemp Production Page

Industrial Hemp License Application
Current Form (PDF file 28k)

Industrial Hemp License Instructions for Application
Current Instructions (PDF file 40k)

Industrial Hemp License Application, Numbered for Instructions
Current Numbered Application for Instructions (PDF file 32k)

NDDA Historical Documents:

Final Proposed Industrial Hemp Regulations (September 2006)
9/29/06
(PDF file 19k)

Deadline for Comments on Hemp Rules Extended
9/29/06 - Press Release

Hemp FAQ
6/15/06
(PDF file 10k)

Johnson Sets Hearing on Industrial Hemp Rules
5/2/06 - Press Release

Proposed Industrial Hemp Rules (May 2006)
5/2/06
(PDF file 15k)

State to Seek Okay to Grow Industrial Hemp
2/17/06 - Press Release

North Dakotans Back Industrial Hemp as Crop for State
6/22/05 - Press Release

Commissioner Johnson's prepared remarks on the introduction of the
Industrial Hemp Farming Act

6/22/05
(PDF file 39k)

Notice of Intent to Adopt Administrative Rules
9/7/99 - Removes hemp from noxious weeds list


North Dakota Reports & Studies

Industrial Hemp: How the Classification of Industrial Hemp as Marijuana Under the Controlled Substances Act Has Caused the Dream of Growing Industrial Hemp in North Dakota to Go Up in Smoke
By Thomas A. Duppong
North Dakota Law Review
Volume 85, Number 2 (2009)
31 pages
(PDF file 228k)

Industrial Hemp as an Alternative Crop in North Dakota
Agricultural Economics Report No. 402
July 23, 1998
(PDF file 107k)


If you have any suggestions concerning information posted here, or something to add, please contact us.

If you are from North Dakota and would like to get involved, please see our Volunteer page.

 

 
 
 
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