2 FARMERS SUING DEA OVER RIGHT TO GROW HEMP

Feds Argue That 'Hemp Is Marijuana'

Two North Dakota farmers who want to grow hemp are filing a federal
lawsuit today to challenge the Drug Enforcement Administration's ban
on the plant that is the same species that produces marijuana.

Hemp can be imported from Canada, Europe and China, but growing hemp
in the USA is illegal, the DEA says.

"Hemp is marijuana," DEA spokesman Garrison Courtney says. "There's
no distinguishing feature between marijuana and hemp."

Lawyers for the farmers say the Controlled Substances Act, which
governs illegal drugs, makes a specific exception for hemp, a
non-drug version of the marijuana plant. They are seeking a court
ruling that says the federal authorities cannot arrest the North
Dakota farmers for growing hemp.

The federal government used to encourage farmers to grow what is
known as "industrial hemp," says attorney Joseph Sandler in
Washington, D.C., who is representing the farmers. Hemp plants have a
low concentration of the psychoactive chemical that gives marijuana
users a high, he said.

"You can smoke 17 fields of this stuff, and it's not going to do
anything," Sandler says. "It doesn't make sense to say you can import
all this hemp, but you can't grow it and import it from North Dakota
to South Dakota."

North Dakota's Legislature began considering allowing farmers to grow
hemp more than 10 years ago after disease wiped out the wheat and
barley crop, says state Rep. Dave Monson, a Republican leader in the
Legislature and one of the farmers filing the lawsuit.

In 1993, the disease was so bad, "we actually burned every acre of
wheat and barley we produced," says Monson, who lives in Osnabrock.
"I came to the realization that we needed alternative crops."

Just across the North Dakota border, farmers in Canada are growing
hemp and making a profit, he says. U.S. manufacturers who use hemp to
produce textiles, soaps and other materials must import the crop from
countries that allow hemp farming.

A North Dakota State University study in 1997 found a good market for
hemp in the USA, so the Legislature passed laws to regulate hemp
farming, Monson said. The laws require background checks on the
farmers and monitoring to make sure illicit marijuana crops aren't
growing in the middle of the hemp field, he says.

Agriculture Commissioner Roger Johnson issued the first permits on
Feb. 6 to Monson and Wayne Hauge, a farmer and accountant in Ray,
N.D. The farmers applied Feb. 12 for a DEA license, indicating they
would need a decision by April 1 in time to plant the crop.

On March 27, DEA Deputy Administrator Joseph Rannazzisi said in a
letter to Johnson that it was unrealistic to expect a decision in
seven weeks. That's where the plan stalled.

"I think it's pretty apparent that they are quite clearly choosing
not to exercise their authority to distinguish between hemp and
marijuana," says Johnson, who met with DEA officials in February.

"It's pointless to continue dealing with them," Johnson says. "Their
inaction is a pretty clear indication that they're not taking the
application process seriously. It's been an issue 10 years in the making."

Monson and Hauge say the time to plant the hemp has passed. Monson
planted wheat in his field on June 1.

Courtney says the DEA is still reviewing the application and is
concerned that the farmers will not be able to keep their fields
secure. "We have to take a balanced approach to the application," he
said. "We have to look at every aspect of the application. I don't
think you can put a time frame on that sort of issue. It takes time."

[sidebar]

THE GOODS

Top hemp products in the USA:

Soaps. Dr. Bronner's Magic Soaps, whose ingredients include hemp oil and seeds.

Foods. HempPlus granola and granola bars, by Nature's Path Foods.

Papers. Living Tree Paper uses recycled hemp blend, no new trees.

Clothing. Various makers use hemp in jeans, silk, jackets and shoes.

Auto parts. At least 3 million U.S. cars from Ford and
DaimlerChrysler use hemp fiber polymers, not fiberglass.

Source - Vote Hemp