Fresh from the
Hemp Industries Association (HIA) annual convention last weekend in Washington, DC, a pair of real life farmers who want to plant hemp farmers joined with hemp industry figures and spokesmen to travel across the Potomac River to DEA headquarters in Arlington, Virginia, where, in an act of civil disobedience, they took shovels to the lawn and planted hemp seeds. Within a few minutes, they were arrested and charged with trespassing.
Hoping to focus the attention of the Obama administration on halting DEA interference, North Dakota farmer Wayne Hauge, Vermont farmer Will Allen, HIA President Steve Levine; hemp-based soap producer and
Vote Hemp director David Bronner, Vote Hemp communications director Adam Eidinger, and hemp clothing company owner Isaac Nichelson were arrested in the action as another dozen or so supporters and puzzled DEA employees looked on.
"Who has a permit?" demanded a DEA security official. "A permit--that's what we want from the DEA," Bronner responded.
After being held a few hours, the Hemp Six were released late Tuesday afternoon. On Wednesday, two pleaded guilty to trespassing and were fined $240. The others are expected to face similar treatment.
Although products made with hemp—everything from foods to fabrics to paper to auto body panels—are legal in the US, under the DEA's strained interpretation of the Controlled Substances Act, hemp is considered indistinguishable from marijuana and cannot be planted in the US. According to the hemp industry, it is currently importing about $360 million worth of hemp products each year from countries where hemp production is legal, including Canada, China, and several European nations.
The DEA refused to comment on the action or the issue, referring queries instead to the Department of Justice, which also refused to comment beside pointing reporters to its filings in the ongoing hemp lawsuit.
Currently, eight states-- Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, Vermont, and West Virginia--have programs allowing for industrial hemp research or production, but their implementation has been blocked by DEA bureaucratic intransigence. This spring, however, President Obama instructed federal agencies to respect state laws in a
presidential directive on federal pre-emption:
"Executive departments and agencies should be mindful that in our federal system, the citizens of the several States have distinctive circumstances and values, and that in many instances it is appropriate for them to apply to themselves rules and principles that reflect these circumstances and values," said Obama. "As Justice Brandeis explained more than 70 years ago, 'it is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.'"
The hemp industry and hemp supporters see several paths forward. Farmer Hauge is a plaintiff in a lawsuit challengingly the DEA's interpretation of the Controlled Substances Act. That lawsuit is now before the 8th US Circuit Court of Appeals in St. Louis. US Reps. Ron Paul (R-TX) and Barney Frank (D-MA) are sponsoring a bill that would allow farmers to plant hemp in states where it is permitted, and the industry is urging President Obama and the Justice Department to follow their own example on medical marijuana and leave hemp farmers alone as long as they are legal under state law.
But despite all their efforts, nothing is happening. Tuesday's civil disobedience was designed to begin breaking up the logjam.
"We're getting frustrated," said Bronner, president of Dr. Bronner's Magic Soaps, which has been used hemp oil in its soaps since 1999. "This is supposed to be change with Obama, and things aren't changing. We just had the DEA and local DA go nuts on the dispensaries in San Diego where I live. We spent money on a lobbying firm to get a statement from the Justice Department along the lines of Holder's statement on medical marijuana, but nothing is happening. This would be easy to do, but it's not happening. We understand that Obama has a lot going on, but we're getting increasingly disappointed and frustrated. We hope this will help catalyze something in this administration."
"We're like the fired-up hempsters, we're keeping Jack Herer's ideas alive," said Eidinger still fired up a day after his arrest Tuesday. "We're beginning a new chapter of hemp activism, and there needs to be a lot more of this stuff. Civil disobedience has to be part of a comprehensive campaign in the courts, in Congress, and out on the streets, in front of DEA offices all over the country."
"We've passed a law in Vermont that you can grow industrial hemp," said Allen, the white-haired, pony-tailed proprietor of
Cedar Circle Farm. "The only barrier now is the DEA, so we're trying to convince them to back off on this like they backed off on enforcing the medical marijuana law in California. Here, we have a crop that isn't going to get anybody high. We grow organic sunflower and canola, and we'd like to have another oil crop in rotation at our location. It just makes economic sense, and it's a states' rights thing. The DEA shouldn’t be involved in this; this isn't a drug."
"We want to get some attention for the cause and show the distinction between industrial hemp and marijuana," said North Dakota farmer Hauge, who is licensed by the state to grow hemp and who is a plaintiff in the lawsuit against the DEA now before the 8th US Circuit Court of Appeals. "It's not a drug; it's just another crop that can be grown in rotation. If it wasn't for the DEA, I would be harvesting my crop right now."
Getting himself arrested for hemp activism in Washington, DC, was a totally new experience for Hauge, who is usually hunkered down on a few hundred acres of North Dakota prairie just south of the Canadian border and just east of the Montana state line. "It was definitely a first for me," said Hauge. "I've never even been stopped for anything."
"We need industrial hemp here in the US, we need to bring jobs to this country," said Nichelsen, founder, owner, and CEO of
Livity Outernational, a California-based fashion and accessory company that mixes art and activism. "I'm sick of making all our stuff in China cause that’s the only place I can get the raw materials. We sent the message that there is a clear distinction between marijuana and industrial hemp," Nicholson said. "We need the support of our president and our law enforcement branches. They need to understand that the US is missing out on a giant opportunity. The myth that hemp causes any problems in society has been completely dispelled."
Even DEA underlings—if not their higher ups—get it, said Nicholson, recounting his exchange with one agency employee on Monday. "One DEA official came out and said, 'What's the connection between weed and hemp?' and we said, 'Exactly.'"
The action brought some much-needed media attention to the issue, said Eidinger. "We got a really good article in the Washington Post, the Washington Times wrote about it, too, CNN used our video, NPR talked about the action, the Associated Press picked it up, we had a number of TV stations do reports, so we definitely reached a national audience," he recounted. "And North Dakota media has covered this closely; I've been on the phone with all the media in Bismarck.
It wasn't just civil disobedience in front of the cameras. After the HIA convention ended, hempsters headed for Capitol Hill, where dozens of people attended over 20 scheduled meetings with representatives of their staffs to lobby for the Frank-Paul hemp bill. Some unannounced, unscheduled meetings also took place, Eidinger said.
If the hemp movement indeed adopts further civil disobedience actions, it will have added another prong to its multi-prong strategy of pressing for the end of the prohibition on industrial hemp planting in the US. It might be time for other segments of the drug reform movement to start thinking about civil disobedience, too.
Location:
Arlington,
VA
United States
Industrial hemp deserves to be judged on its own merits
and allowing it to be grown under regulation is a no brainer. Medicinal cannabis deserves to be judged on its own infinite merits (you can't put a price on life or health or stopping pain) and allowing it to be used under regulation is a no brainer too, except to hardcore drug war enthusiasts. Then there's recreational cannabis, the way safer (not violence causing or physically toxic) alternative to the legal stuff.
To anyone who cares about violence or justice, legalizing adult use of cannabis (and equalizing penalties for youthful use of alcohol and cannabis) should be a no brainer too.
I think it is a no brainer
I think it is a no brainer for most individuals, new age. The problem is that, as Noam Chomsky would say with regards to American foreign policy, popular opinion and even poll results do not motivate lawmakers to change anything. Usually the only way lawmakers will change their votes is if they see their nice cozy lifestyles in jeopardy (i.e. they might lose their office next term if they don't do something about it.)
Unfortunately, there aren't enough people who smoke marijuana to convince lawmakers that they might lose their jobs if they don't vote yes for reform. There are a growing number of people who would vote yes for reform if it showed up on a ballot, even if they don't smoke, but in general, I don't believe it is a big issue for most Americans, as they are too busy dealing with their own problems.
If we want reform, civil disobedience and continuing to donate and help NORML achieve it's goals are our best bet. The more high profile advocates NORML achieves, the better our chances are.
However, I do predict that within the next decade, we will see serious reform at the federal level, but I believe state law will still rule the land and I do not expect all states to legalize marijuana outright. Pennsylvania, my home state, continues to create even more draconic laws (including recently adding a drugged driving clause, which I was not aware of until today.) So I am patiently waiting for a state to legalize, then I'll be moving for certain.
Re: civil disobediance and civil rights
the 50th anniversary is coming up in February of the sit-ins that marked the beginning of the end for public segregation in the South.
I made myself ridiculous in the eyes of at least one person (probably a bunch more) by arguing that there is no difference between racial segregation and discrimination based on preference for cannabis instead of alcohol. But the essence of improper discrimination lies in judging people because of some group they belong to, not as the individual everyone deserves to be judged as, and judging a group you don't like more harshly than they deserve, for example scapegoating cannabis users for the bloody sins of your own group, alcohol users, to justify blatantly discriminatory laws regarding alcohol vs. cannabis.
So, alcohol supremacists: how many innocent people are gonna get killed or maimed by alcohol abusers this weekend? How many by cannabis abusers? Uhh, which one did you say is illegal? Mmm, maybe you could get real sometime soon?
The time could be right for civil disobediance, and strident protest, shouting out how unfair and destructive (including destructive to public finances) cannabis prohibition is.
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