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Vote Hemp Press Release: North Dakota Farmers File Lawsuit Against DEA to Grow Industrial Hemp

FOR IMMEDIATE RELEASE: Monday, June 18, 2007 CONTACT: Adam Eidinger, T: 202-744-2671 or E: [email protected], or Tom Murphy, T: 207-542-4998, E: [email protected] North Dakota Farmers File Lawsuit Against DEA to Grow Industrial Hemp Plaintiffs Seek Federal Recognition of State-Issued Hemp Farming Licenses BISMARCK, ND – Two North Dakota farmers filed a lawsuit today in U.S. District Court for the District of North Dakota in an effort to end the U.S. Drug Enforcement Administration’s (DEA) obstruction of commercial hemp farming in the United States. If successful, the legal action would result in licensed hemp farmers receiving assurances that no federal agency could hold them criminally liable under the Controlled Substances Act. Vote Hemp’s grassroots supporters are funding the legal action. A copy of the complaint is available online at: http://www.votehemp.com/legal_cases_ND.html. The farmers – State Rep. David Monson from Osnabrock and Wayne Hauge from Ray – were issued their state licenses to grow industrial hemp from North Dakota Agriculture Commissioner Roger Johnson in February 2007. At that time the farmers applied for a DEA permit to grow industrial hemp and import live seed. Over the next few months, however, the agency’s inaction on the applications fueled frustration in North Dakota’s legislature. When lawmakers concluded that DEA had no intention of working cooperatively with the state’s first-in-the-nation hemp farming rules, the North Dakota legislature voted overwhelmingly to drop the DEA licensing requirement from the statute. “I applied for my North Dakota state license in January and was hopeful that DEA would act quickly and affirm my right to plant industrial hemp this year. Unfortunately, DEA has not responded in any way other than to state that it would take them a lot more time than the window of time I have to import seed and plant the crop,” said Rep. David Monson, who is the Assistant Majority (Republican) Leader. “It appears that DEA really doesn’t want to work with anyone to resolve the issue,” Monson added. One of the central arguments in the litigation is that industrial hemp is defined to be those varieties of Cannabis that have no drug value and are cultivated exclusively for fiber and seed. Although useless as a drug crop, industrial hemp plants are distinct varieties of Cannabis sativa L., the same species from which marijuana varieties come. DEA considers industrial hemp plants to be “marihuana,” a controlled substance under Schedule I of the federal Controlled Substances Act (CSA), 21 U.S.C. §§ 801 et seq., the possession or production of which is subject to severe criminal penalties under that law, including property forfeiture. “We are asking that DEA to do nothing, exactly what they have done for ten years,” says Tim Purdon one of the attorneys working for Monson and Hauge. “North Dakota’s rules no longer require a DEA permit so we are basically asking the court to tell DEA to leave our farmers alone.” The express language of the CSA has specifically provided that hemp fiber, seed oil and seed incapable of germination are exempt from the definition of “marihuana” and are thus not controlled substances under that law. By virtue of this exemption, it is currently lawful under federal law – and has been for almost 70 years – to import into the U.S., sell within the U.S., and make and sell products made from, the excluded parts of the Cannabis plant (i.e., hemp fiber, stalk, seed oil and seed incapable of germination). The farmers seek a declaration that the CSA does not apply to the industrial hemp plants they seek to cultivate pursuant to state law because: (1) only hemp fiber, stalk, sterilized seed and seed oil, items expressly exempted from the CSA, will enter the marketplace; and (2) the industrial hemp to be grown will be useless as a drug crop due to North Dakota legal requirements for extremely low THC levels. Further, to the extent the DEA attempts to argue that, despite these facts, the CSA does apply to hemp farming under North Dakota law, this would be an unconstitutional federal restraint on commerce occurring purely within the borders of North Dakota. “I want to grow hemp because it will fill a niche market in numerous areas,” says fourth generation farmer and certified public accountant Wayne Hauge. “In recent years there has been strong growth in demand for hemp seeds in the U.S., but the American farmer is being left out while Canadian, European and Chinese farmers are filling the void created by our outdated federal policy.” Last year, just over 48,000 acres of hemp were grown in Canada, primarily in Manitoba and Saskatchewan, provinces that border North Dakota. Hemp farmers in Canada averaged $250 CDN per acre in profit in 2006, according to the Canadian Hemp Trade Alliance, an association of businesses, farmers and researchers. Hemp is a good rotational crop with the ability to reduce weeds in future cereal crops. Very few chemicals, if any, are required to grow the crop which is considered a good alternative to those with harmful environmental impacts such as cotton, tobacco and soy. In the largest hemp producing country, China, which grows 2 million acres, hemp hurds are processed into lightweight boards, and hemp fibers, already used in the paper and automotive industries, are finding new uses as reinforcement in plastics for products such as window frames and floor coverings. (In fact, some of these innovative products will be used on a large scale at the 2008 Olympic Games in Beijing, according to news reports.) In Sweden, companies including IKEA, Volvo and Saab have shown interest in hemp fibers and hurds for use in vehicle interiors and furniture. In the UK, Germany and the Netherlands, considerable investments are being made to develop utilize hemp fiber in composites which are used to manufacture auto parts for BMW, Chrysler and Mercedes. In Canada, Germany and Japan, businesses are investigating reinforcing Polylactide (PLA) plastic with hemp fibers in order to widen the technology’s field of applications. # # # Vote Hemp is a national, single-issue, non-profit organization dedicated to the acceptance of and a free market for low-THC industrial hemp and to changes in current law to allow U.S. farmers to once again grow the crop. More information about hemp legislation and the crop's many uses may be found at www.VoteHemp.com or www.HempIndustries.org. BETA SP or DVD Video News Releases featuring footage of hemp farming in other countries are available upon request by contacting Adam Eidinger at 202-744-2671.

California Assembly Passes Hemp Farming Legislation

FOR IMMEDIATE RELEASE: Thursday May 10, 2007 CONTACT: Adam Eidinger Ph: 202-744-2671, E: [email protected] or Tom Murphy Ph: 207-542-4998, E: [email protected] California Assembly Passes Hemp Farming Legislation AB 684 Would Allow Farmers to Grow Non-Drug Varieties of Cannabis SACRAMENTO, CA – California’s Assembly today voted 41 to 29, with 9 not voting, to approve AB 684, the California Industrial Hemp Farming Act of 2007. The legislation gives farmers the right to grow non-psychoactive Industrial Hemp which is commonly made into everything from food, clothing, paper, body care, bio-fuel and even auto parts. The bill now goes to the Senate where it is expected to have enough support to pass. The text of legislation can be found at: http://www.votehemp.com/state/california.html#Legislation. AB 684, the California Industrial Hemp Farming Act, was authored by Assemblyman Mark Leno (D-San Francisco) and Assemblyman Chuck DeVore (R-Irvine). This is the second time in two years that a bipartisan hemp farming bill has passed the Assembly. Last year, Governor Arnold Schwarzenegger vetoed AB 1147 which is nearly identical to AB 864. At that time the Governor claimed that bill would put farmers in jeopardy of federal prosecution if they grew hemp despite assurances by Vote Hemp and other supporting organizations such as the California based Hemp Industries Association and California Certified Organic Farmers there would be a challenge to the Drug Enforcement Administration’s legal authority to interfere with the state hemp farming law prior to implementation. “Passage of the hemp farming bill in the Assembly is a sign it is likely to reach Governor Schwarzenegger’s desk for the second year in row,” says Vote Hemp legal Council and San Francisco Attorney Patrick Goggin. “The mood in Sacramento is this bill is consistent with California’s effort to be leader on US environmental policy. Hemp is a versatile plant that can replace polluting crops such as cotton and is taking off as an organic food and body care ingredient. It is time to jump into the expanding market for hemp that California companies currently import from Canada and elsewhere.” Today more than 30 industrialized nations grow industrial hemp and export to the US. It is the only crop that is both illegal to grow and legal for Americans to import. Sales of hemp food and body care products have grown rapidly in recent years fueling an expansion of hemp farming in Canada which topped 48,000 acres in 2006. A telephone poll with a 3.5% margin of error of likely California voters taken from February 22 – 26 showed a total of 71% support changing state law to allow farmers to grow hemp. The survey was conducted by the respected research firm Zogby International on behalf of Vote Hemp and five manufacturers of hemp food products including Alpsnack®, French Meadow Bakery®, Living Harvest®, Nature’s Path Organic Foods® and Nutiva®. Poll questions and results regarding industrial hemp farming policy and consumer attitudes on hemp products and nutrition can be viewed online at: http://www.votehemp.com/polls.html. There is evidence of strong support among men and women and self-identified liberal and conservative voters on the issue. Among California Republicans, 60% support changing state law on hemp while 74% of Democrats are in support. Support was also steady among all age groups, ranging from 54% of 18 to 29 year olds to 82% of 30 to 49 year olds, 74% of 50 to 64 years olds and 60% of those over 65 years old. # # More information about hemp legislation and the crop’s many uses can be found at www.VoteHemp.com.

Vote Hemp Press Release: Hemp Farming To Be Studied In New Mexico

For Immediate Release: Tuesday, March 6, 2007 CONTACT: Robert Jones, NMHemp.org, 505-425-6825, [email protected] Hemp Farming To Be Studied In New Mexico SANTA FE, NM - The ditch weed whose name dare not be spoken can now be talked about openly in polite society. Lawmakers in Santa Fe have acknowledged and declared that hemp is not marijuana. The idea of industrial hemp farming and production has been given the stamp of approval and can now be considered mainstream in New Mexico. http://www.votehemp.com/state/new_mexico.html

Drug Policy Forum of Kansas Update

February 16, 2007 -Drug Policy Forum: Lenexa KS, Sunday, Feb. 18th, 3 p.m. -KS Legislature: HB 2359 Sale of Drug Paraphernalia -Medical Marijuana: Research News & DEA Ruling -Lou Dobbs: Drug War is Failure

Vote Hemp Action Alert: Comment On Framing Rules Until October 30

Dear XXXXX,

Considering the bad news I gave you last week about Governor Schwarzenegger's veto, I am especially happy to report good news from North Dakota. The second-largest wheat exporting state, North Dakota is ranked ninth overall in agriculture exports and is just across the border from the thriving hemp farming provinces of Manitoba and Saskatchewan Canada. This important farming state will be the first to implement an industrial hemp farming law when it publishes rules on state licensing.

You can help make this happen by sending a letter in support of
North Dakota's proposed rules. The deadline for comments has recently been extended to October 30, 2006.

While Vote Hemp has been organizing comments in support of the rules, Drug Watch International has mobilized anti-hemp activists to send letters in opposition. Despite their efforts, letters in support of the rules are outweighing those in opposition by a 4-to-1 margin. Help us keep a winning score by sending a letter now.