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Press Release: North Dakota’s Licensed Hemp Farmers Appeal Federal Court Decision

[Courtesy of Vote Hemp] FOR IMMEDIATE RELEASE: December 12, 2007 CONTACT: Adam Eidinger: 202-744-2671, [email protected] or Tom Murphy 207-542-4998, [email protected] North Dakota’s Licensed Hemp Farmers Appeal Federal Court Decision BISMARCK, ND – Two North Dakota farmers, who filed a federal lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on commercial hemp farming in the United States and had their case dismissed on November 28, have filed a notice of appeal today in the U.S. Court of Appeals for the Eighth Circuit. Lawyers working on behalf of the farmers, Representative David Monson and Wayne Hauge, are appealing a number of issues. In particular, the lower court inexplicably ruled that hemp and marijuana are the “same,” as the DEA has contended, and thus failed to properly consider the Commerce Clause argument that the plaintiffs raised — that Congress cannot interfere with North Dakota’s state-regulated hemp program. Scientific evidence clearly shows that industrial hemp, which includes the oilseed and fiber varieties of Cannabis that would have been grown pursuant to North Dakota law, is genetically distinct from the drug varieties of Cannabis and has absolutely no recreational drug effect. Even though the farmers' legal battle continues, the lawsuit prompted the DEA to respond to the North Dakota State University (NDSU) application for federal permission to grow industrial hemp for research purposes, which has languished for nearly a decade. University officials, however, say it could cost them more than $50,000 to install 10-foot-high fences and meet other strict DEA requirements such as high-powered lighting. NDSU officials are reviewing the DEA’s proposal, and Vote Hemp is hopeful that an agreement can be reached before planting season gets under way. If an agreement between the DEA and NDSU is reached and ultimately signed, it would pave the way for agricultural hemp research and development in North Dakota. Such research is key to developing varieties of industrial hemp best suited for North Dakota’s climate. “We are happy this lawsuit is moving forward with an appeal,” says Eric Steenstra, President of Vote Hemp, a non-profit organization working to bring industrial hemp farming back to the U.S. “We feel that the lower court’s decision not only overlooks Congress’s original legislative intent, but also fails to stand up for fundamental states’ rights against overreaching federal regulation. Canada grows over 30,000 acres of industrial hemp annually without any law enforcement problems. In our federalist society, it is not the burden of North Dakota’s citizens to ask Congress in Washington, D.C. to clear up its contradictory and confusing regulations concerning Cannabis; it is their right to grow industrial hemp pursuant to their own state law and the United States Constitution,” adds Steenstra. Vote Hemp, the nation's leading industrial hemp advocacy group, and its supporters are providing financial support for the lawsuit. If it is ultimately successful, states across the nation will be free to implement their own hemp farming laws without fear of federal interference. More on the case can be found at: http://www.VoteHemp.com/legal_cases_ND.html.

Crack Sentencing Changes Made Retroactive!

[Ed: Good to see the vote was unanimous -- someone tell Hillary Clinton. I heard the executive director of the Sentencing Commission speak at a conference last spring, and she was very passionate about wanting to see good things happen. It looks like the commissioners felt the same way. I've pasted here a few releases and announcements from various groups about this below. - Dave] News Release U.S. Sentencing Commission One Columbus Circle NE Washington, DC 20002-8002 For Immediate Release December 11, 2007 U.S. SENTENCING COMMISSION VOTES UNANIMOUSLY TO APPLY AMENDMENT RETROACTIVELY FOR CRACK COCAINE OFFENSES Effective Date for Retroactivity Set for March 3, 2008 WASHINGTON, D.C. (December 11, 2007) — The United States Sentencing Commission unanimously voted today to give retroactive effect to a recent amendment to the Federal Sentencing Guidelines that reduces penalties for crack cocaine offenses. Retroactivity of the crack cocaine amendment will become effective on March 3, 2008. Not every crack cocaine offender will be eligible for a lower sentence under the decision. A Federal sentencing judge will make the final determination of whether an offender is eligible for a lower sentence and how much that sentence should be lowered. That determination will be made only after consideration of many factors, including the Commission’s direction to consider whether lowering the offender’s sentence would pose a danger to public safety. In addition, the overall impact is anticipated to occur incrementally over approximately 30 years, due to the limited nature of the guideline amendment and the fact that many crack cocaine offenders will still be required under Federal law to serve mandatory five- or ten-year sentences because of the amount of crack involved in their offense. On November 1, 2007, after a six-month congressional review period, the Commission’s amendment to the Federal sentencing guidelines for crack cocaine offenses took effect. The amendment was intended as a step toward reducing some of the unwarranted disparity currently existing between Federal crack cocaine and powder cocaine sentences. The Sentencing Reform Act of 1984 specifically authorized the Commission to provide for retroactive effect of amendments that result in lower penalties for classes of offenses or offenders, as this amendment could. The Commission made its decision on retroactivity of the crack cocaine amendment after months of deliberation and years of examining cocaine sentencing issues. It solicited public comment on the issue of retroactivity and received over 33,000 letters or written comments, almost all of which were in favor of retroactivity. Last month, it held a full-day hearing on the issue of retroactivity and heard from key stakeholders in the federal criminal justice community. The Commission considered a number of factors during its deliberations, including the purpose for lowering crack cocaine sentences, the limit on any reduction allowed by the amendment, whether it would be difficult for the courts to apply the reduction, and whether making the amendment retroactive would raise public safety concerns or cause unwarranted sentencing disparity in the federal system. Ultimately, the Commission determined that the statutory purposes of sentencing are best served by retroactive application of the amendment. Mindful of public safety and judicial resource concerns, the Commission today issued direction to the courts on the limited nature of this and all other retroactive amendments and on the need to consider public safety in each case. The Commission delayed the effective date of its decision on retroactivity in order to give the courts sufficient time to prepare for and process these cases. The Commission’s actions today, as well as promulgation of the original amendment for crack cocaine offenses, are only a partial step in mitigating the unwarranted sentencing disparity that exists between Federal powder and crack cocaine defendants. The Commission has continued to call on Congress to address the issue of the 100-to-1 statutory ratio that drives Federal cocaine sentencing policy. Only Congress can provide a comprehensive solution to a fundamental unfairness in Federal sentencing policy. The Commission has consistently expressed its readiness and willingness to work with Congress and others in the criminal justice community to address this very important issue. The bipartisan United States Sentencing Commission, an independent agency in the judicial branch of the federal government, was organized in 1985 to develop national sentencing policy for the federal courts. The resulting sentencing guidelines help to ensure that similar offenders who commit similar offenses receive similar sentences. http://www.ussc.gov/PRESS/rel121107.htm
For Immediate Release Date: December 11, 2007 Sentencing Commission votes in favor of crack cocaine retroactivity WASHINGTON, D.C.: Families Against Mandatory Minimums (FAMM), the nation's leading sentencing reform organization with 13,000 members -- many of whom are incarcerated people and their families -- praises the U.S. Sentencing Commission for its courage and leadership on improving crack cocaine sentencing policies for future defendants and current prisoners. Today in an historic vote, the Commission agreed to allow prisoners serving crack cocaine sentences to seek sentence reductions that went into effect on November 1. Retroactivity will affect 19,500 federal prisoners, almost 2,520 of whom could be eligible for early release in the first year. Federal courts will administer the application of the retroactive guideline, which is not automatic. Courts may refuse to grant sentence reductions to individuals if they believe they could pose a public safety risk. "The Sentencing Commission made the tough but fair decision to remedy injustice, showing courage and leadership in applying the guideline retroactively. Clearly, justice should not turn on the date an individual is sentenced,” said Julie Stewart, president and founder of FAMM. "Retroactivity of the crack guideline not only affects the lives of nearly 20,000 individuals in prison but that of thousands more - mothers, fathers, daughters and sons - who anxiously wait for them to return home," said Stewart. Many FAMM members, including Lamont and Lawrence Garrison, will benefit from retroactivity. Arrested just months after graduating from Howard University, Lamont received 19 years and Lawrence received 15 years, respectively, after being accused of conspiring to distribute crack and powder cocaine. Both brothers could receive sentence reductions of between three and four years. The U.S. Sentencing Commission has repeatedly advised Congress since 1995 that there is no rational, scientific basis for the 100-to-1 ratio between crack and powder cocaine sentences. The Commission has also identified the resulting disparity as the "single most important" factor in longer sentences for blacks compared to other racial groups. Yesterday, the Supreme Court ruled that judges can consider the unfairness of the 100-to-1 ratio between crack cocaine and powder cocaine sentences and may impose a sentence below the crack guideline in cases where the guideline sentence is too severe. However, neither the new guideline nor its retroactivity changes the statutory mandatory minimums that retain the 100-to-1 quantity disparity between crack and powder cocaine. "To insure equal justice for all defendants, Congress must act to address the mandatory minimums that created the cocaine sentencing disparity in 1986," said Stewart. FAMM spearheaded the effort to make the crack cocaine guideline change apply to people already in prison, helping generate over 33,000 letters to the Sentencing Commission in support of retroactivity. FAMM members from across the country also attended the Commission's public hearing on retroactivity in Washington, D.C. on November 13 and the vote on December 11, bearing photographs of their incarcerated loved ones. Families Against Mandatory Minimums (FAMM) advocates for fair and proportionate sentencing laws. For more information, visit www.famm.org or email [email protected].
UNITED STATES SENTENCING COMMISSION APPROVES CRACK REFORM FOR FEDERAL PRISONERS The day after the Supreme Court affirmed a judge's decision to sentence below the guideline range based on the unfairness of the crack cocaine sentencing disparity, the United States Sentencing Commission today voted unanimously to make retroactive its recent guideline amendment on crack cocaine offenses. The USSC's decision now makes an estimated 19,500 persons in prison eligible for a sentence reduction averaging more than two years. Releases are subject to judicial review and will be staggered over 30 years. The Sentencing Project applauds the USSC for responding at this heightened time of public awareness about excessive penalties and disparate treatment within the justice system. "The Commission's decision marks an important moment not only for the 19,500 people retroactivity will impact, but for the justice system as a whole," stated Marc Mauer, Executive Director of The Sentencing Project. "Today's action, combined with the Court's decision yesterday, restores a measure of rationality to federal sentencing while also addressing the unconscionable racial disparities that the war on drugs has produced." The Sentencing Project estimates that once the sentencing change is fully implemented, there will be a reduction of up to $1 billion in prison costs. Because African Americans comprise more than 80% of those incarcerated for crack cocaine offenses, the sentencing reform will also help reduce racial disparity in federal prisons. The Commission sets the advisory guideline range that federal judges use when sentencing defendants. In May the Commission recommended statutory reforms and proposed to Congress an amendment to decrease the guideline offense level for crack cocaine offenses. The amendment went unchallenged by Congress and went into effect on November 1st. The Commission's action today makes that guideline change retroactive to persons sentenced prior to November 1st. The guideline changes do not affect the mandatory minimum penalties that apply to crack cocaine, which can only be addressed through Congressional action. "Justice demands that Congress take the next step and eliminate the harsh mandatory minimums for low-level crack cocaine offenses," said Mauer. The Commission's vote comes a day after the United States Supreme Court ruled 7-2 in Kimbrough v. United States that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1 quantity disparity between powder and crack cocaine was permissible. In June, Sen. Joseph Biden introduced the Drug Sentencing Reform and Kingpin Trafficking Act of 2007, legislation which would equalize the penalties for crack and powder cocaine offenses. Biden's bill, S. 1711, aims to shift federal law enforcement's focus from street-level dealers towards high-level traffickers.

Press Release: Day After Lawsuit Filed Against DEA, U.S. Congress Decides To Question Agency

[Courtesy of Union of Medical Marijuana Providers] One day after the Union of Medical Marijuana Providers filed a lawsuit in the United States District Court, Central District of California (case CV07-07951) challenging the DEA's tactic of sending threatening letters to hundreds of owners of Commercial Property who rent to Marijuana Providers, the House Judiciary Committee will question the agency about the practice. Los Angeles, CA (PRWEB) December 10, 2007 -- The DEA, who has declared war on California's Medical Marijuana Law, began the draconian tactic of sending letters to Commercial Property owners who rent to legally authorized Medical Marijuana Providers this summer. In the letter, the DEA informed the owners of these properties that if they continue to rent to dispensaries they may face federal prosecution which could result in a possible prison sentence for up to 20 years as well as seizure of their property. The Union of Medical Marijuana Providers which was formed in part, as a direct result of the DEA's letter writing campaign, as well as L.A.'s Arts District Healing Center, have been aggressively litigating this issue in both state and federal court for the past several months (state case in Los Angeles Superior Court, case 07K21837). Just yesterday, December 6, 2007 they filed a lawsuit in the U.S. District Court, Central District, which requested that the Court issue an injunction stopping the DEA from continuing to send these letters. "When I saw Representative Conyers statement regarding the DEA's abuse of their power in order to thwart California's law, I knew that our legal efforts were beginning to pay off," said James Shaw, Executive Director of the Union. "The DEA has alienated too many citizens with their heavy-handed 'above the law tactics' for too long. We welcome all the support we can find in our efforts to ensure our rights are protected." Steven Schectman, the Union's chief counsel said he has contacted Representative Conyers office today in order to provide his staff copies of the litigation that was filed in both state and Federal Court. "I am hopeful we can support the Judiciary Committee in any way possible. As a result of our research and investigation of the DEA's threatening letter campaign, in preparation of our litigation, we have become the most knowledgeable group, outside the DEA, who best understands the scope and import of their tactics. We are here to help." The Union of Medical Marijuana Providers (UMMP) is a legal advocacy group based in Los Angeles, California. The Union's membership comprises legally compliant cooperatives, collectives, and caregiver groups throughout the State of California. UMMP was founded in 2007 to address the shared concerns of legally compliant medical marijuana patient groups.

Supreme Court Rules in Favor of Sentencing Fairness for Crack Cocaine

[Courtesy of The Sentencing Project] SUPREME COURT RULES THAT JUDGES MAY CONSIDER HARSHNESS OF CRACK POLICY IN SENTENCING Decision Comes on Eve of U.S. Sentencing Commission Vote to Reduce Crack Sentences for Prisoners The Supreme Court ruled 7 to 2 today that a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1quantity disparity between powder and crack cocaine was permissible. Justice Ruth Bader Ginsburg wrote the decision in the case, Kimbrough v. U.S. (06-6330). "At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, today's ruling affirming judges' sentencing discretion is critical," said Marc Mauer, Executive Director of The Sentencing Project. "Harsh mandatory sentences, particularly those for offenses involving crack cocaine, have created unjust racial disparity and excessive punishment for low-level offenses." The Court's decision in Kimbrough comes at a time of unprecedented interest in reforming the mandatory minimum sentencing policy for crack cocaine offenses. Bipartisan legislation has been introduced in Congress and hearings are expected early next year. Moreover, tomorrow, the U.S. Sentencing Commission is expected to vote on whether its recent sentencing guideline reduction for crack cocaine offenses will apply retroactively to people currently serving time in prison. Review today's decision in Kimbrough at: http://www.scotusblog.com/wp/wp-content/uploads/2007/12/06-6330.pdf

Press Release: Court Rejects North Dakota Farmers’ Bid to Grow Industrial Hemp

FOR IMMEDIATE RELEASE: November 29, 2007 CONTACT: Adam Eidinger: 202-744-2671, [email protected] or Tom Murphy: 207-542-4998, [email protected] Court Rejects North Dakota Farmers’ Bid to Grow Industrial Hemp Congress Should Address this Problem, Says Judge Lawsuit Motivated DEA to Offer Hemp Research Agreement to NDSU after Eight-Year Wait BISMARCK, ND – Two North Dakota farmers, who filed a federal lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on commercial hemp farming in the United States, had their case dismissed by federal Judge Daniel Hovland yesterday. In a 22-page decision, Judge Hovland wrote that the problem facing state-licensed hemp farmers David Monson and Wayne Hauge needs to be addressed by Congress if they hope to ever grow the versatile crop which is used in everything from food and soap to clothing and auto parts. The decision can be read at: http://www.votehemp.com/legal_cases_ND.html. Lawyers working on behalf of the farmers are considering an appeal on a number of issues. In particular, the Court ruled that hemp and marijuana are the same, as the DEA has contended for years. However, scientific evidence clearly shows that not only is industrial hemp genetically distinct from the drug marijuana, there are also absolutely no psychoactive effects from ingesting it. “Obviously we are disappointed with the decision,” says Eric Steenstra, President of Vote Hemp, a grassroots group working to bring industrial hemp farming back to the U.S. “The Court’s decision shows it understands that the established and growing market for industrial hemp would be beneficial for North Dakota farmers to supply. Yet the decision overlooks Congress’s original intent – and the fact that farmers continued to grow hemp in the U.S. for twenty years after marijuana was banned. If the plaintiffs decide to appeal the case, we would wholeheartedly support that effort. We are not giving up and will take this decision to Washington, DC to prompt action by Congress on HR 1009, the Industrial Hemp Farming Act of 2007, which would clarify a state’s right to grow the crop,” adds Steenstra. In a related development, Vote Hemp has learned that the DEA has sent a “Memorandum of Agreement” to North Dakota State University (NDSU) which, if signed by the school, would clear the way for industrial hemp research there. 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. “It seems our arguments about the DEA’s delay in processing NDSU’s application have resulted in the agency finally taking positive action to allow research,” comments David Bronner, President of the Hemp Industries Association (HIA) and Dr. Bronner’s Magic Soaps, a manufacturer of soap and other body care products using hemp oil imported from Canada. Vote Hemp, the nation's leading industrial hemp advocacy group, and its supporters are providing financial support for the lawsuit. If it is ultimately successful, states across the nation will be free to implement their own hemp farming laws without fear of federal interference. More on the case can be found at: http://www.VoteHemp.com/legal_cases_ND.html.

Press Release: Judge Promises Decision by End of November in North Dakota Hemp Farming Lawsuit – Monson v. DEA

FOR IMMEDIATE RELEASE: November 15, 2007 CONTACT: Adam Eidinger at 202-744-2671, [email protected], or Tom Murphy at 207-542-4998, [email protected] Judge Promises Decision by End of November in North Dakota Hemp Farming Lawsuit – Monson v. DEA BISMARCK, ND – Two North Dakota farmers who filed a lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on commercial hemp farming in the United States were in U.S. District Court on Wednesday, November 14, 2007. The farmers, State Rep. David Monson of Osnabrock and Wayne Hauge of Ray, observed the oral arguments made before Judge Daniel Hovland on their behalf by attorneys Tim Purdon and Joe Sandler. Judge Hovland stated he had read and re-read the briefs filed by both sides in the landmark case and concluded the hearing by saying, “I promise to make a decision by the end of the month,” in regards to the DEA’s motion to dismiss. In the meantime, Judge Hovland stayed the farmers motion for summary judgment as he felt the motion to dismiss should be dealt with first. “Today’s arguments revealed numerous weak points that the DEA is relying on to thwart this landmark case,” said Eric Steenstra, President of Vote Hemp. “The DEA’s assertion that the farmers didn’t have standing because they haven’t grown industrial hemp yet was rejected by Judge Hovland when he said ‘I am not convinced that the plaintiffs have to expose themselves to prosecution’ and reminded Department of Justice (DOJ) Attorney Wendy Ertmer, who argued on behalf of the government, that ‘this Court has jurisdiction to make a declaratory judgment,’ which is what we are seeking,” added Steenstra. Judge Hovland expressed skepticism that the DEA would ever act on the applications, based on the fact that an application by North Dakota State University was still pending after more than eight years. Judge Hovland also indicated he thinks that the DEA has “prejudged the merits of the applications to grow hemp.” While much of the government’s dispute centered on their contention that this case is not ripe because they are still considering the farmers’ application, attorney Joe Sandler argued that the application the farmers made to the DEA is no longer really the issue. “This case is unique because North Dakota is the only state to regulate industrial hemp so only the exempted portions of plant, that is, the non-viable seed, stalk and oil, enter commerce of any kind, whether intrastate or interstate,” said Sandler. “When the North Dakota legislature changed its eight-year-old hemp law to no longer require a DEA license this past April, it made it a matter of state law that the farmer who goes through the licensing process need not involve the DEA in any way since only the exempted portions of the plant, as described in the Controlled Substances Act, would enter commerce.” Judge Hovland also asked Ms. Ertmer what the DOJ’s position is on HR 1009, the federal Industrial Hemp Farming Act of 2007. Ms. Ertmer said she did not know, however Vote Hemp believes that the DOJ would in fact aggressively oppose the Act if it were to be heard in Congress. A transcript of the November 14 hearing will be available in a couple weeks. If successful, the landmark lawsuit will lead to the first state–regulated commercial cultivation of industrial hemp in fifty years. Vote Hemp, the nation's leading industrial hemp advocacy group, and its supporters are providing financial support for the lawsuit. If it is successful, states across the nation will be free to implement their own hemp farming laws without fear of federal interference. More on the case can be found at: http://www.VoteHemp.com/legal_cases_ND.html.

Press Release: North Dakota Farmers in Court Nov. 14 for Oral Arguments in Hemp Lawsuit

[Courtesy of Vote Hemp] NEWS ADVISORY: November 7, 2007 CONTACT: Adam Eidinger, T: 202-744-2671, E: [email protected] or Tom Murphy T: 207-542-4998, E: [email protected] North Dakota Farmers in Court Nov. 14 for Oral Arguments in Hemp Lawsuit BISMARCK, ND – Two North Dakota farmers, who filed a lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on commercial hemp farming in the United States, will have their day in court on Wednesday, November 14, 2007 in Bismarck, North Dakota. Oral arguments begin at 10:00 am CST in the William L. Guy Federal Building, 220 E Rosser Ave Bismarck, ND and will immediately be followed by a press conference on the courthouse steps. The farmers – State Rep. David Monson of Osnabrock and Wayne Hauge of Ray – will appear in court to observe oral arguments made on their behalf by attorneys Tim Purdon and Joe Sandler. If successful, the landmark lawsuit will lead to the first state–regulated cultivation of commercial industrial hemp farming in fifty years. WHO: Rep. David Monson, North Dakota House assistant majority leader, farmer Wayne Hauge, licensed hemp farmer Tim Purdon, Vogel Law Firm, Bismarck, attorney for the plaintiffs Joe Sandler, co-counsel for plaintiffs and legal counsel for VoteHemp.com Eric Steenstra, president, VoteHemp.com WHAT: Oral Arguments Media Availability and Teleconference on New Lawsuit to Grow Hemp WHERE: William Guy Federal Building, 220 E. Rosser Ave., Bismarck, ND 58501 WHEN: Monday, November 14, 10:00 am CDT, Oral Arguments, Media Availability Afterwards The North Dakota Legislature recently removed the requirement that state-licensed industrial hemp farmers first obtain DEA permits before growing hemp. The question before the U.S. district court will be whether or not federal authorities can prosecute state-licensed farmers who grow non-drug oilseed and fiber hemp pursuant to North Dakota state law. Vote Hemp, the nation's leading industrial hemp advocacy group, and it’s supporters are providing financial support for the lawsuit. If successful, states across the nation will be free to implement hemp farming laws without fear of federal interference. More on the case can be found at http://www.votehemp.com/legal_cases_ND.html.

Fairness of Crack Cocaine Sentencing Fundamental to Oct. 2 Supreme Court Case

[Courtesy of The Sentencing Project] At a time of heightened public awareness regarding excessive penalties and disparate treatment within the justice system, the United States Supreme Court will hear oral argument tomorrow in a case that touches on the controversial crack cocaine sentencing debate. The case, Kimbrough v. United States, explores the reasonableness of a federal district judge's below-guideline sentencing decision based on the unfairness of the 100 to 1 quantity disparity between powder and crack cocaine. The Sentencing Project submitted an amicus brief on behalf of the petitioner, Derrick Kimbrough, which argues that current drug guidelines inappropriately limit the factors that judges may consider at sentencing. Mr. Kimbrough's case stems from his 2005 guilty plea in Norfolk, VA, for possession with intent to distribute 56 grams of crack cocaine and possession of a firearm. Kimbrough, a Desert Storm veteran with no previous felony convictions, was prosecuted in federal court where penalties involving crack cocaine are harsher than in state systems. As a result, instead of receiving a sentence of about 10 years under Virginia law, he faced a federal sentencing guideline range between 19 and 22 years. Federal District Judge Raymond A. Jackson, who presided over Kimbrough's case, called the recommended guideline sentence "ridiculous" and instead sentenced Kimbrough to 15 years, the minimum required by mandatory sentencing policies. Tomorrow, the Court will consider whether Judge Jackson's decision was "reasonable" according to federal sentencing standards. For more information, visit www.sentencingproject.org/crackreform or download the amicus brief at http://sentencingproject.org/Admin/Documents/publications/dp_kimbrough.pdf.

Press Release: Strong Growth of Hemp Food and Body Care Sales Continues in 2007

FOR IMMEDIATE RELEASE: Tuesday, September 25, 2007 CONTACT: Tom Murphy: T: 207-542-4998, E: [email protected] or Adam Eidinger, T: 202-744-2671, E: [email protected] Strong Growth of Hemp Food and Body Care Sales Continues in 2007 U.S. Farmers Suing DEA to Grow Industrial Hemp for Expanding Market Baltimore, MD – As leading North American brands that make hemp food and body care products with hemp seed and oil exhibit at the Natural Products Expo in Baltimore from September 27-29, new retail data released today proves that these brands are racking up record sales. The strong sales have occurred against the backdrop of state-licensed hemp farmers in North Dakota fighting a high stakes legal battle against the DEA to grow hemp seed for U.S. manufacturers. The new sales data lends credibility to U.S. farmers’ assertion that they are being left out of the lucrative hemp market that Canadian farmers have cashed in on for ten years. The sales data, collected by the market research firm SPINS, was obtained from natural food retailers only, excluding Whole Foods Market and mass-market food and pharmacy stores, and thus under-represents actual sales by a factor of two to three. The new report shows that hemp food sales grew in the sampled stores by 39% over the previous year (from August 2006 to August 2007), or by $2.1 million, to a total of $7.7 million. Based on the representative growth of this sample, the Hemp Industries Association (HIA) Food and Oil Committee now estimates that the total retail value of hemp foods sold over the past 12 months in North America grew from $14 million last year to approximately $20 million this year. In addition, the SPINS data show that sales of hemp body care products grew 11% over the past 12 months in the sampled stores to $12 million. Due to the large hemp body care line sold by The Body Shop, as well as the fact that many unreported leading mass-market brands of sun tan lotion and sunscreen products include hemp oil, the HIA estimates the total retail value of North American hemp body care sales to be at least $50 million. “The hard work we did four years ago to preserve legal sales of hemp foods through successful litigation has paid off with steady double-digit growth year after year,” says David Bronner, Chair of the HIA Food and Oil Committee and President of Dr. Bronner’s Magic Soaps. “The HIA is confident that the total North American hemp food and body care market over the last 12 months accounted for at least $65-70 million in retail sales,” adds Bronner. Over the last three years, hemp food sales have averaged 41% annual growth, making it one of the fastest-growing natural food categories. "Last fall we expected the double-digit growth of the hemp food sector to continue in 2007, especially since hemp milk would finally be available to waiting consumers," comments Eric Steenstra, HIA Executive Director. "We project that growth in the markets for hemp food and body care will keep pace into 2008,” says Steenstra. Agriculture and Agri-Food Canada and Statistics Canada data show that the quantity of hemp seed exports increased 300% from 2006 to 2007. Hemp oil exports kept pace, with an 85% increase in quantity. Hemp fiber exports showed encouraging progress, with a 65% increase in quantity. All statistics represent growth from the period January to June in 2007 versus the same period in 2006. A summary of hemp food and body care sales data is available by visiting http://www.thehia.org/PDF/HempSPINS2007.pdf . # # #

Press Release: North Dakota Farmers File Motion for Summary Judgment

FOR IMMEDIATE RELEASE: Thursday, September 20, 2007 CONTACT: Adam Eidinger, T: 202-744-2671, E: [email protected] or Tom Murphy, T: 207-542-4998, E: [email protected] North Dakota Farmers File Motion for Summary Judgment in Hemp Farming Case Motion Includes Response to DEA’s Motion to Dismiss BISMARCK, ND – Two North Dakota farmers, State Rep. David Monson from Osnabrock and Wayne Hauge from Ray, have filed a Motion for Summary Judgment in a lawsuit filed June 18 in U.S. District Court for the District of North Dakota that seeks to end the U.S. Drug Enforcement Administration’s (DEA) obstruction of state-licensed and state-regulated commercial hemp farming in the United States. The farmers are seeking a declaration that they cannot be criminally prosecuted for growing hemp under state regulations, now in effect in North Dakota, which ensure cultivated plants have no potential drug value and are grown solely for the production of legal hemp fiber and seed commodities. The Motion and other legal documents can be viewed at http://www.votehemp.com/legal. “The DEA cannot purport to extend Congressional authority under the Commerce Clause via the Controlled Substances Act in order to interfere with North Dakota’s industrial hemp program, in which only federally-exempted, entirely legal hemp fiber and seed commodities are placed into interstate commerce,” says Tim Purdon, an attorney working on the case. “North Dakota regulations enforce conservatively strict non-psychoactive THC limits similar to Canadian regulations, which ensure there is no drug value in any part of the plant that could be diverted into the interstate market for recreational marijuana.” The farmers were issued their state licenses to grow industrial hemp from North Dakota Agriculture Commissioner Roger Johnson in February 2007. Pursuant to North Dakota law at that time, the farmers also applied for a DEA license to grow industrial hemp. Over the next few months, however, the DEA’s delay and expressed intent to review the applications as if the farmers intended to grow an unprecedented amount of Schedule I drugs, versus cultivate a non-drug agricultural crop, fueled frustration in North Dakota’s legislature. In April, the legislature changed their law, removing the requirement for a DEA license and asserting that the state license itself was fully sufficient. An Affidavit accompanying the Motion from Professor Burton Johnson of North Dakota State University (NDSU) included a formal letter from NDSU to the DEA this summer. In the letter, NDSU relays that the public university was directed in 1998 by North Dakota state law to collect and cultivate feral, local wild hemp in order to begin breeding industrial hemp varieties that could best thrive in North Dakota’s climate and meet the requirement of 3/10 of one percent THC or less in flowering tops. NDSU filed for a license from the DEA in 1999, but to date the agency has failed to act on the application. See the letter online at http://www.votehemp.com/PDF/NDSU_Letter_7-30-2007.pdf. “The national movement supporting farmers’ right to grow hemp learned from the NDSU example that the DEA has no intention of being rational about facilitating non-drug industrial hemp research and cultivation, even when it’s by a major university,” says Vote Hemp President Eric Steenstra. Vote Hemp’s grassroots supporters are funding this legal action to overcome the irrational hysteria and bureaucratic inertia of the DEA, and to restore industrial hemp farming to American farmers. Vote Hemp is dedicating this effort to recently-deceased Anita Roddick, founder of The Body Shop, and Michael Sutherland, former board member of the Hemp Industries Association (HIA). Both were trail-blazing pioneers in the modern restoration and renaissance of the global hemp industry. # # #