Court Rejects N. Dakota Farmers' Bid To Grow Hemp

  Court Rejects N. Dakota Farmers' Bid To Grow Hemp

Posted by CN Staff on November 29, 2007 at 19:12:42 PT
By Reuters 
Source: Reuters  

Bismarck, N.D. -- 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: 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: 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 this agricultural crop. More information about hemp legislation and the crop's many uses may be found at: or BETA SPor DVD Video News Releases featuring footage of hemp farming in other countries are available upon request by contacting Adam Eidinger at 202-744-2671.Source: VoteHemp.comAdam Eidinger, +1-202-744-2671:  adam or Tom Murphy, +1-207-542-4998: tom both of VoteHemp.comNote: Congress Should Address this Problem, Says Judge.Complete Title: Court Rejects North Dakota Farmers' Bid to Grow Industrial HempSource: Reuters (Wire)Published: November 29, 2007Copyright: 2007 Reuters News ServiceCannabisNews Hemp Archives

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Comment #11 posted by OverwhelmSam on December 07, 2007 at 22:35:53 PT
Appeal this lack of judgment. You've got nothing to lose because at this point, you've lost! Always appeal!
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Comment #10 posted by John Tyler on December 01, 2007 at 20:55:27 PT
not surprised
I’m not surprised. This judge knows which side of his bread the butter is on. He is not going to rock the Drug War boat.
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Comment #9 posted by Hope on November 30, 2007 at 20:10:33 PT
I guess not.:0)
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Comment #8 posted by runruff on November 30, 2007 at 14:53:33 PT:
Assign, ha,ha ,ha!
Assigned is just another word for pass the buck. Politicians and bureaucrats make passing the buck a high art. It is so common that Harry S. Truman had a plaque on his desk that read, The buck stops here. Assigned to Congress. This makes me laugh. The bureaucrats and our federal bumblement are fat and useless. Their only talent is getting in the way of justice.
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Comment #7 posted by Hope on November 30, 2007 at 13:55:47 PT
Can a judge
legally "assign" it, as a task, to Congress?
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Comment #6 posted by Hope on November 30, 2007 at 13:54:49 PT
But getting them to do it... is another matter.
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Comment #5 posted by Hope on November 30, 2007 at 13:54:06 PT
I think he's right, probably, about Congress.
Excerpt from ruling: "Industrial hemp may not be the terrible menace the DEA makes it out to be, but industrial
hemp is still considered to be a Schedule I controlled substance under the current state of the law
in this circuit and throughout the country. Marijuana and industrial hemp are members of the
Cannabis sativa L. plant species for which the Controlled Substances Act presently makes no
Case 4:07-cv-00042-DLH-CSM Document 35 Filed 11/28/2007 Page 21 of 22
distinction. The Court recognizes that at some stage in the process the plant may contain such low
levels of THC that it would be impractical to use as a recreational street drug. However, perceived
problems relating to detection and enforcement seem to remain as does the current ban imposed by
Congress and the Drug Enforcement Administration.
The policy arguments raised by the plaintiffs are best suited for Congress rather than a
federal courtroom in North Dakota. The undersigned is aware of recent efforts in Congress to
exclude industrial hemp from the definition of “marijuana” as defined under the Controlled
Substances Act. The Industrial Hemp Farming Act of 2007 was introduced in the House of
Representatives on February 13, 2007, and was specifically designed to address the current dilemma.
See House Resolution 1009. Congress can best address this problem and passage of the Industrial
Hemp Farming Act of 2007 would accomplish what the plaintiffs seek in this lawsuit. Whether
efforts to amend the law will prevail, and whether North Dakota farmers will be permitted to grow
industrial hemp in the future, are issues that should ultimately rest in the hands of Congress rather
than in the hands of a federal judge.
The Defendants’ Motion to Dismiss (Docket No. 8) is GRANTED, and the Plaintiffs’
Motion for Summary Judgment (Docket No. 11) is DENIED as moot.
Dated this 28th day of November, 2007.
/s/ Daniel L. Hovland
Daniel L. Hovland, Chief Judge
United States District Court
Case 4:07-cv-00042-DLH-CSM Document 35 Filed 11/28/2007 Pag
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Comment #4 posted by OverwhelmSam on November 30, 2007 at 05:00:18 PT
Pass The Buck
Our "courts" have become worthless. Sure the judges have their positions for life, but judges can be impeached too. Time to start holding our courts responsible for their retarded decisions.
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Comment #3 posted by runruff on November 30, 2007 at 03:06:33 PT:
Truth, facts and science
have nothing to do with it. If Hitlers gestapo said black was white every judge in da fatherland would rule that white was black. And so it goes with the American Gestapo. If they say an herb is a drug then so be it. If they say an industrial plant with no intoxicating properties in is a drug, then so be it. Who is a meesly elevated lawyer in robes to argue with America's home grown fascists? 
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Comment #2 posted by mayan on November 30, 2007 at 01:46:39 PT
In particular, the Court ruled that hemp and marijuana are the same, as the DEA has contended for years.It seems that a certain judge was blackmailed. Why else would he spew such an obvious lie? Truth and science certainly weren't consulted in this decision. Congress will Never recognize industrial hemp as long as they are owned by the fossil people...SHADOW OF THE SWASTIKA: The Real Reason the Government Won't Debate Medical Cannabis and Industrial Hemp Re-legalization: 
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Comment #1 posted by tintala on November 29, 2007 at 21:52:00 PT:
a long haul to industrail hemp in the USA
Seems like we make progress then a step back ,, it's as absurd as keeping medical cannabis from suffering patients.
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