[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 Dakotaâs Licensed Hemp Farmers Appeal Federal Court Decision
BISMARCK, ND â Two North Dakota farmers, who filed a federal lawsuit in June to end the U.S. Drug Enforcement Administrationâs (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 âsame,â as the DEA has contended, and thus failed to properly consider the Commerce Clause argument that the plaintiffs raised â that Congress cannot interfere with North Dakotaâs 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 DEAâs 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 Dakotaâs climate.
âWe are happy this lawsuit is moving forward with an appeal,â says Eric Steenstra, President of Vote Hemp, a non-profit organization working to bring industrial hemp farming back to the U.S. âWe feel that the lower courtâs decision not only overlooks Congressâs original legislative intent, but also fails to stand up for fundamental statesâ 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 Dakotaâs 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,â 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.
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