BISMARCK, ND — Two North Dakota farmers, who filed a federal lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on commercial hemp farming in the United States, had their case dismissed by federal Judge Daniel Hovland yesterday. In a 22-page decision, Judge Hovland wrote that the problem facing state-licensed hemp farmers David Monson and Wayne Hauge needs to be addressed by Congress if they hope to ever grow the versatile crop which is used in everything from food and soap to clothing and auto parts. The decision can be read online.
Lawyers working on behalf of the farmers are considering an appeal on a number of issues. In particular, the Court ruled that hemp and marijuana are the same, as the DEA has contended for years. However, scientific evidence clearly shows that not only is industrial hemp genetically distinct from the drug marijuana, there are also absolutely no psychoactive effects from ingesting it.
“Obviously we are disappointed with the decision,” says Eric Steenstra, President of Vote Hemp, a grassroots group working to bring industrial hemp farming back to the U.S. “The Court’s decision shows it understands that the established and growing market for industrial hemp would be beneficial for North Dakota farmers to supply. Yet the decision overlooks Congress’s original intent – and the fact that farmers continued to grow hemp in the U.S. for twenty years after marijuana was banned. If the plaintiffs decide to appeal the case, we would wholeheartedly support that effort. We are not giving up and will take this decision to Washington, DC to prompt action by Congress on HR 1009, the Industrial Hemp Farming Act of 2007, which would clarify a state’s right to grow the crop,” adds Steenstra.
In a related development, Vote Hemp has learned that the DEA has sent a “Memorandum of Agreement” to North Dakota State University (NDSU) which, if signed by the school, would clear the way for industrial hemp research there. NDSU filed an amicus brief in support of the farmers’ lawsuit which highlighted the university’s eight-year struggle to secure a license from the DEA to grow industrial hemp for research as mandated by state law. “It seems our arguments about the DEA’s delay in processing NDSU’s application have resulted in the agency finally taking positive action to allow research,” comments David Bronner, President of the Hemp Industries Association (HIA) and Dr. Bronner’s Magic Soaps, a manufacturer of soap and other body care products using hemp oil imported from Canada.
Vote Hemp, the nation’s leading industrial hemp advocacy group, and its supporters are providing financial support for the lawsuit. If it is ultimately successful, states across the nation will be free to implement their own hemp farming laws without fear of federal interference. More on the case can be found online.
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Vote Hemp is a national non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow hemp commercially.