HEMP GROUP TAKES CASE TO TOP COURT

Farmer: Crop Is A Valuable Resource

With rekindled hopes for winning its battle to legally cultivate hemp, the
New Hampshire Hemp Council yesterday appealed to a higher power - the U.S.
Supreme Court.

Since the 1st U.S. Circuit Court of Appeals in March rejected the claim
that hemp is distinct from marijuana and therefore not prohibited under
federal law, the group petitioned the high court to review the case during
its October term.

"We're hoping that somebody will wake up," said Democratic Rep. Derek Owen
of Hopkinton, a plaintiff in the lawsuit. "It's a common-sense thing and
the Drug Enforcement (Administration) is so wrapped up in their drive to
prevent the proliferation of drugs, they're stepping on everything."

Including, Owen maintains, the rights of small-time family farmers like
himself who want to grow an environmentally friendly, renewable crop that
can be used to make rope, clothing, oil and paper - but not mind-altering
drugs.

"You can't smoke hemp," he said. It is genetically distinct from its
Cannibus sativa L. cousin, marijuana, which alone contains enough of the
psychoactive element THC needed for a chemical high. The council claims
growing hemp and marijuana near each other even results in a
cross-pollinated dilution of the drug's effective ingredient.

While Owen and his supporters believe the federal law prohibiting marijuana
growth exempts hemp because of the biological differences, they say the DEA
hampers would-be hemp farmers just the same. Owen wants the Supreme Court
to clarify the definition of the illegal substance in order to allow hemp
harvests.

Rob Blakeney, the lawyer representing Owen and the council, argues the
circuit court "misconstrued" certain expert testimony and that the DEA has
overstepped its bounds by regulating an agricultural product.

The appellate court, though, was swayed by the idea that hemp crops would
pose problems for law enforcement. The opinion states that, "problems of
detection and enforcement easily justify a ban broader than the
psychoactive variety of the plant."

Allenstown Police Chief Jim McGonigle, who chairs the legislative committee
of the New Hampshire Police Association, which has opposed hemp
cultivation, said hemp crops would pose an "enforcement nightmare" with no
good way to control the production of illicit marijuana among hemp
harvests.

But he's not too concerned about this newest challenge. "I'd be surprised
if the Supreme Court would even hear their appeal. Two federal courts have
already ruled against them, and there'd have to be some compelling reasons
for the Supreme Court to even hear the case," he said. "But you never know.
They might decide to hear the case just to put it to bed."

Mark Lathrop, who founded the hemp council, hopes McGonigle is in for a
shock. But he acknowledged that the courts haven't helped his cause so far.
"We're pretty disappointed with the courts," he said. "We're not surprised
that the courts all along have upheld the federal dogma."

Along with the two-year legal struggle, the council and Owen have
repeatedly tried to pass state legislation that would legalize industrial
hemp.

If the bill hadn't been defeated by a close vote in February, New Hampshire
could have joined a handful of states whose residents can apply for rarely
granted DEA permits to grow hemp.

Owen said he isn't sure what hemp products he and his wife Ruth would
cultivate if his lawsuit proves successful, but declared that profit isn't
his motive. "We're not interested in making a lot of money," he said.
"We're interested in promoting a principle. We should be able to grow
(hemp) if we want to."