12/12/2007 00:00:00
US: Hemp Farmers Appeal Federal Court Decision
---
North Dakota's Licensed Hemp Farmers Appeal Federal Court Decision
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.
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 this
agricultural crop. More information about hemp legislation and the
crop's many uses may be found at http://www.votehemp.com/ or
http://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.
Vote Hemp
http://www.earthtimes.org/articles/show/news_press_release,241164.shtml
--
LCA FORUM invites YOU: http://www.lca-uk.org/lcaforum/
http://astore.amazon.co.uk/webbooks05
Source:
http://www.ukcia.org/news/shownewsarticle.php?articleid=13072
Author:
Earth Times via UKCIA
|