JUDGE: CONGRESS SHOULD DECIDE ON HEMP

BISMARCK -- A federal judge has dismissed a lawsuit two North Dakota
farmers filed against the federal government in an effort to grow and
harvest industrial hemp without reprisal.

Judge Daniel Hovland stated in his 22-page judgment Wednesday that
Wayne Hauge of Ray and David Monson of Osnabrock should allow
Congress to settle the issue of whether industrial hemp is a legal
agricultural commodity or a controlled substance.

Hovland said the Industrial Hemp Farming Act of 2007, introduced in
the House of Representatives in February by Rep. Ron Paul, R-Texas,
was designed to address the current issue. Hovland referred to the
act numerous times during a Nov. 14 hearing. It is yet to be debated.

"Congress can best address this problem and passage of the Industrial
Hemp Farming Act of 2007 would accomplish what the plaintiffs seek in
this issue," Hovland wrote. "Whether efforts to amend the law
prevail, and whether North Dakota farmers will be permitted to grow
industrial hemp in the future, are issues that should ultimately rest
in the hands of Congress rather than in the hands of a federal judge."

Monson is out of the state and couldn't be reached for comment Thursday.

Hauge told The Associated Press he is disappointed but not surprised
by the decision.

North Dakota Agriculture Commissioner Roger Johnson said the
dismissal leaves the farmers with little recourse except to appeal to
a higher court.

"The judge said this is a matter best left to Congress," Johnson
said. "It is disappointing because realistically, I don't think
Congress will deal with it."

Johnson issued state industrial hemp licenses to Monson and Hauge
earlier this year under regulations developed under state law by the
North Dakota Department of Agriculture. However, the licenses
required Drug Enforcement Administration approval to take effect.

"Mr. Monson and Mr. Hauge did everything they were supposed to do;
they submitted to background checks; they filled out a lot of
paperwork, and they paid considerable fees," Johnson said. "Now, the
growing season is long over, and they still have had no word from
DEA, other than a complaint that there was not enough time for the
agency to conduct a complete review for a license that, if approved,
would have been for only one year."

Tim Purdon, a Bismarck attorney representing Monson and Hauge, said
he is disappointed with the court's decision, but added that he
respects and appreciates the court's thorough analysis of the case.

"I will be meeting with Dave Monson and Wayne Hauge to explore our
options," Purdon said. "We are pleased that, related to our lawsuit,
DEA has apparently decided to finally move forward with NDSU's (North
Dakota State University) application to begin its important research
into the valuable agriculture crop that is industrial hemp."

In a related development, the DEA has sent a memorandum of agreement
to NDSU, which if signed, would clear the way for industrial hemp
research in Fargo.

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.

Hauge said he is enthused that a positive benefit is coming out of
this litigation.

"This is a positive stimulus to allow NDSU to start research," Hauge
said. "If nothing else, we can get some varieties in place."

Originally, NDSU was given permission to collect ferel hemp seeds
from across the state for the research that never materialized. Now,
should NDSU sign the memorandum, accessing specific varieties will
put the university years ahead of where it might have been otherwise,
according to Hauge.

"If Congress can empower the U.S. Department of Agriculture (to
regulate), it would be as I've contended all along, another crop,"
Hauge said. "And as long as the process has been started, farmers
will eventually be allowed the opportunity."

Tom Murphy of the Vote Hemp advocacy organization, has been watching
the case from his home in Rockport, Maine. Like Hauge, he said he is
disappointed with the ruling but isn't surprised.

Murphy said neither farmer should have to risk his integrity or his
farm to challenge the government on this issue. Instead, Murphy said
the DEA should realize industrial hemp is a valuable agricultural
commodity and that with all the security measures in place in the
law, farmers should be allowed to grow it.

Even though the DEA considers marijuana and hemp one and the same
because both are Cannabis sativa plant species and because both have
at least trace amounts of the psychoactive ingredient
tetrahydracannabinol, there are botanical differences, as well as
separate harvesting methods, according to Murphy.

"These guys want to grow a seedless crop for better-quality fiber,"
Murphy said. "The government is more than aware of seedless varieties."

Rob Robinson, Minot, a longtime advocate of legalizing industrial
hemp, is disappointed with the ruling because he believes that if
this issue does go to Congress, it will take a long time to settle.

Robinson, who operates the educational organization Modern Hemp, said
the next step is to convince congressmen to debate and pass the
Industrial Hemp Farming Act of 2007.

He said few lawmakers outside those involved with agriculture are
aware of the potential of the commodity. Thus, it's time to start
contacting members of Congress to get debate started and ultimately
get the bill passed, said Robinson.

"We need to start lobbying our congressmen," he said. "We (North
Dakota) have agriculture strength in Congress and Congress needs to
realize this is not a drug issue. This is an agricultural issue."

Robinson added that the memorandum of agreement offered to NDSU is a
step in the right direction, but a small one.

"I think they're throwing us a bone to keep us quiet," Robinson said
of the DEA. "And as slow as Congress works, this could take years.
It's a great accomplishment, maybe even a silver lining. But what I
don't understand is why they need NDSU's signature when they applied
for this eight years ago."

Robinson called the industrial hemp issue a very powerful and
political issue, and was dismayed the judge didn't have the foresight
to rule in favor of North Dakota's farmers.

"I believe we're being hit by a wall of ignorance and the best way to
treat that is with education," Robinson said. "Rather than a giant
step forward that would have solved a lot of problems, we've tripped
and taken a small step with NDSU."