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News (Media Awareness Project) - US SD: Reservation Hemp Crop Destroyed By Feds
Title:US SD: Reservation Hemp Crop Destroyed By Feds
Published On:2000-08-30
Source:Indian Country Today (US)
Fetched On:2008-09-03 10:45:17
RESERVATION HEMP CROP DESTROYED BY FEDS

MANDERSON, S.D. - Two days before the first crop of industrial hemp
planted to create much-needed economic development on the Pine Ridge
Reservation was to be harvested, the federal Justice Department moved
in and destroyed it.

At 5 a.m. Aug. 24, armed Drug Enforcement Agency troops and FBI
officers began to destroy an acre and a half of industrial hemp on the
Alex White Plume farm, the first crop of what was to be a future of
economic development for the family or tiospaye.

"I'm just sick about it. I can't believe it," White Plume said. He
said he tried to find out what the officers were doing and they
"pointed an AK-47 at me." He said he returned to his house because he
wanted his grandson to know his grandfather while the boy was growing
up. Tyson, White Plume's grandson, helped plant the hemp in early May.

The family knew at that time that White Plume and others could be
prosecuted. However, authorities did not arrest White Plume. He said
they didn't because of political reasons. U.S. Attorney Ted McBride
would not confirm the reasons for not arresting White Plume at the
time, but said the DEA officers spoke with White Plume at length and
as of noon Aug. 24 no arrests were made.

At the time he planted the crop in early May White Plume said, in a
Robert Ecoffey and U.S. Attorney Ted McBride to the planting. White
Plume said at the time he had nothing to hide .

Planting the hemp was legal, according to the laws of the Oglala Sioux
Nation. The tribal council passed Ordinance 98-27 in July of 1998 that
authorized the growing of industrial hemp. The ordinance stipulates
that industrial hemp must have a level of THC (tetrahydrocannabinol,
the chemical that creates the hallucinogenic effect) of less than 1
percent by weight. White Plume said officers told him a test revealed
between zero and less than 1 percent THC for his plants.

McBride pointed out that the federal government does not make such a
fine distinction and therefore does not support the tribe's ordinance.
The government requires that anyone wishing to grow industrial hemp
must register it with the DEA, whether on a reservation or not. The
government's definition of marijuana does not quantify the amount of
THC the plant carries.

Tribal members who abide by the rules of the ordinance are said to be
immune from federal prosecution, says Thomas Ballanco, the lawyer who
wrote the ordinance. It becomes a treaty issue, therefore a
sovereignty issue.

McBride said in an earlier interview the federal government would not
accept that explanation and any tribal member who did not register
planting industrial hemp with the DEA would be subject to
prosecution.

White Plume registered the land for planting hemp with the tribe, as
per requirements of the ordinance.

Joe American Horse, who said he's growing his hemp crop "for the
people," also registered his land and crop with the tribe. He said he
feels bad about White Plume's situation.

He also said he worries that because federal agents pulled up hemp
plants around Pine Ridge before they went to White Plume's, they could
mix those with White Plume's crop to secure a conviction.

As of noon Aug. 24, his crop was still standing 3 feet tall in his
fields.
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