HEMP - HOPE FOR THE FUTURE

Sign Of Sovereignty
OST Council Adopts Hemp Ordinance

PINE RIDGE INDIAN RESERVATION, S. D. - The Ogala Sioux Tribe enacted
historic legislation on industrial non-narcotic hemp despite the Drug
Enforcement Administration's warning that cultivating it would violate
federal law.

In a move toward self-determination and economic development, the Oglala
Sioux Tribal Council passed an ordinance amending the tribe's penal code
relating to industrial hemp and marijuana on July 28, redefining the legal
distinction between the plants. This move may provide the tribe and its
members the opportunity to use industrial hemp as a viable and profitable
crop. The Drug Enforcement Administration said it will prosecute anyone
cultivating hemp in South Dakota without a valid DEA Certificate of
Registration.

Industrial hemp and marijuana are amongst a large variety of the Cannabis
sativa plant, which have varying amounts of the narcotic chemical
tetrahydrocannabinol or THC.

The DEA contends that any cultivation of hemp falls into the category of
marijuana cultivation, a schedule 1 controlled substance considered illegal.

The tribal council's amendment classifies the difference between illegal
"marijuana" as having one percent or more concentration of THC by weight.
The DEA' definition of marijuana doesn't provide exemptions for low or no
THC plants.

At the request of Oglala Sioux Tribal President John Yellowbird Steele,
U.S. Attorney Karen E. Schreier inquired about the official legal position
of the DEA whether the cultivation of hemp on American Indian tribal lands
is a violation of federal law.

DEA Acting Associate Chief Counsel Mary Kate Whaelen wrote that the
Controlled Substances Act is applicable to activities conducted on American
Indian land. "The manufacture of hemp constitutes the manufacture of
marijuana, which can only be done legally if the idividuals who wish to
cultivate marijuana for industrial use obtain a DEA Certificate of
Registration."

OST Vice President Milo Yellow Hair said the vote reflects the interest the
council has in supporting self-determination and the quest for jobs and
industry on the reservation.

In response to the DEA's letter, Mr. Yellow Hair said, "The U.S. government
confiscated the Black Hills because 'they needed it' for their economic
expansion. It is really no different in this case. The language is the
same. The reasoning is the same."

Spokesman for the Ordinance, Joe American Horse, told the council
"Sovereignty over our own land and scientific language regarding the hemp
plant are the issues involved."

Land-Use Association Attorney Thomas J. Ballanco, a West Point graduate
said,"Asking the DEA for advice about industrial hemp is like asking Donald
Trump for advice about Indian gaming issues."

For the last two years, the Land-Use Association, based in Slim Buttes,
S.D., have spearheaded the hemp project by sponsoring and promoting the
recognition of industrial hemp as an economical advancement for the tribe
and its members.

Mr. American Horse, Oglala Lakota, said the vote to adopt the amendment
sets the stage for land-based economic development on the reservation, but
may also involve a legal challenge by the tribe in federal court.

The tribal council reinforced its position that treaties signed between the
Oglala Sioux Tribe and the United States government acknowledge that

the tribe retains the right to grow food and fiber crops.

In addition, the tribal council cited a paragraph of the Ordinance that
international treaties and trade agreements including the 1961 Single
Convention on Narcotic Drugs, the North American Free Trade Agreement, and
the General Agreement on Tariffs and Trade specifically classify industrial
hemp as a commodity that is separate and distinct from any narcotic.

Ironically, industrial hemp is already growing wild on the Pine Ridge
Reservation.

"The mere fact that hemp is growing wild is an inescapable reminder that
industrial hemp was once a cornerstone of agriculture in America," Mr.
Ballanco said.

Supporters of industrial hemp cited a study by the Vermont state
legislature that revealed in 1997 more than 99 percent of the "marijuana"
located and destroyed by the DEA, at the cost of approximately $500
million, is actually industrial hemp that has extremely low levels of THC
(the active ingredient in marijuana) and no psychoactive potential.

LUA Project Director Tom Cook, Mohawk, said now the Ordinance is in place,
the association and the tribe will move foward within the legal realms of
the law.

"We're concerned to proceed in a civil matter rather than a criminal
matter." Mr. Cook said. "Our interests are to preserve the natural resource
that is growing right now on the reservation," Mr. Cook said.


Checked-by: Ghamal de la Guardia