Government lawyers call hemp argument weak

 
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Oct 27, 2007 - 04:06:02 CDT
Arguments by two North Dakota farmers who say they have a right to grow industrial hemp cannot change "unambiguous" federal law prohibiting commercial cultivation of the plant, Justice Department lawyers say.

Farmers Dave Monson and Wayne Hauge also have no more standing to sue than someone who wants to use drugs recreationally, the lawyers say in their response to the farmers' request that a judge rule in their favor without a trial.

Unless the federal Drug Enforcement Administration takes action against the farmers, the government lawyers say, Monson and Hauge "are in the same position as any hypothetical plaintiff who seeks to change federal drug law so that he can grow, smoke and/or sell marijuana free from DEA oversight."

Tim Purdon, the attorney for the farmers, said in an interview that there is a difference between the farmers' rights to grow hemp and those of pot smokers.

"The North Dakota Legislature has specifically passed a law allowing farmers in this state to grow industrial hemp," he said Friday. "So the farmers in this state who wish to do that are very different from some hypothetical plaintiff who wants to grow marijuana."

Monson, a state legislator who farms near Osnabrock, and Hauge, a farmer from Ray, want a federal judge to rule that they cannot be criminally prosecuted for growing industrial hemp under the North Dakota regulations.

Hemp, which can be used for a variety of products from rope to skin lotion, falls under federal anti-drug rules because it has trace amounts of the mind-altering chemical THC that is found in hemp's cousin, marijuana.

Government lawyers argue that there are ways to make plants with lower THC concentrations produce a high. The farmers dispute that, and say in court documents that "such hemp simply has no practical potential to be used as an illicit drug."

The Justice Department says the farmers' arguments cannot change federal law that classifies hemp as a controlled substance under DEA regulation.

Purdon said the federal Controlled Substances Act exempts "sterilized seed, oil and fiber" from the definition of marijuana. "In our case, only those commodities ... are going to leave the farm," he said.

The state licenses that Monson and Hauge have to grow industrial hemp are worthless without DEA approval, and the agency has not acted on the farmers' applications. North Dakota Agriculture Commissioner Roger Johnson hand-delivered them to the DEA in mid-February along with the farmers' nonrefundable $2,293 annual federal registration fees.

The farmers say the DEA's failure to approve their applications thwarted their plans to get a hemp crop in the ground last spring. The government says it was not reasonable for the farmers to expect a quick decision, and that the farmers should wait for a DEA decision before suing.

The farmers argue in court documents that they are faced with the choice of risking criminal prosecution or taking the matter to court.

North Dakota State University, which has been required by state lawmakers to study industrial hemp as an alternative crop and has unsuccessfully sought DEA permission since 1999, filed a legal brief Friday in support of the farmers.

"NDSU's experience demonstrates that applying to DEA for a registration to cultivate industrial hemp clearly involves an 'unreasonable or indefinite timeframe for administrative action,"' the brief says.

The farmers' lawsuit, filed in June, is being funded by the nonprofit Vote Hemp group. The Justice Department has asked that U.S. District Judge Daniel Hovland in Bismarck dismiss it.

Oral arguments are scheduled Nov. 14 on that motion and on the farmers' request that Hovland rule in their favor.
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Government lawyers call hemp argument weak
Comments

Adam Eidinger wrote on Oct 29, 2007 10:55 AM:

" With support of the landmark litigation coming from all branches of the North Dakota government as well as the Attorney General’s office who represents NDSU, the DEA has resorted to raising outlandish claims that somehow non-drug industrial hemp can be used as a drug even though impossible by definition, and in Canada and European countries where hemp is grown for export to the US, there is no such activity taking place. Gold can hypothetically and has in some instances been extracted from seawater, but the minimal concentration makes it technically and economically inefficient and commercially non-viable to do so. There are trace opiates in poppy seeds consumed on bagels, that could also be hypothetically be concentrated; but just as with industrial hemp is not a practical source of drugs for the illicit market. "

M.A. wrote on Oct 29, 2007 8:35 AM:

" This is a situation similar to the one that has been going on in Manderson, SD for the past several years. The Pine Ridge Reservation legalized the farming of industrialized hemp, and after one farmer planted his crop, the DEA held his family at gun point while they cut down the new plants. The next year was the same thing, except they slashed the plants, causing the seeds to fly and create an even more abundant crop on the third year. Looking at this situation, Pine Ridge is one of the poorest reservations out there, and this crop had the potential of creating economic equity amongst the people. However, if the government would just legalized it, just think of all the money it could bring in. "

RJ wrote on Oct 29, 2007 12:19 AM:

" Hemp will no more get you high than an apple will MJhempMJ- me thinks you listen to wayyyy too much propaganda. Hemp is a much needed product in this day and age, and can be used for everything from paper and clothing, to food and fuel to power our automobiles. Marijuana, as smoked by recreational or medical users, is a whole different ball of wax, MJhempMJ. Hemp generally has less than 1% THC, and cannot be refined down into anything more/better than that- it's worthless, in the view of someone looking to get high. Marijuana, on the other hand, generally has a THC percentage of greater than 3%. There is no way you can die from an overdose of marijuana. It cannot happen- it never has, and never will. Marijuana is not physically addictive, and recent studies have proven that it is indeed beneficial in many areas, medically. Please, do your homework before you condemn the facts. **A Medical Marijuana Patient** Thanks. "

MJhempMJ wrote on Oct 27, 2007 8:40 PM:

" As my moniker implies you need to read between the lines. Judge Hoveland will have an important job to do. Marijuana advocates were successful pushing the image of a sick grandmother begging for marijuana to ease her pain into a serious problem with "medical" marijuana clinics infesting the all to liberal State of California. MJ advocates have also been successful in decriminalizing in many U.S. States, small amounts of what is in fact a dangerous drug. An now we stand at the doorstep of another attempt to mainstream marijuana. I pray the Judge does his homework like he's known to do and recognizes that there is no "promise" in hemp. The main reason provided by the farmers to make this happen. Hemp all by itself is not benign. People have learned how to extract the oils from Hemp and produce a substance rich in THC and THC is in fact what makes marijuana illegal. "

ap wrote on Oct 27, 2007 7:18 PM:

" this associated press story borders on stenography. what, did the reporter just read some court documents and then call the drug czar and the dea and ask them what they thought and then some editor added their two cents worth and called good to distribute to the masses? where's the journalism that we used to know and love? "

Deb wrote on Oct 27, 2007 12:29 PM:

" what wasn't in this article and what is usually the government's main issue with this is the strain hemp production would put on local law inforcement as well as the FBI. Having fields of hemp growing is unfortunately an easy growing ground for local marijuana producers. One can easily cloak their illigal crop in and amongst the hemp. That being said: GET OVER IT. We already have small planes the HP uses for radar running on the highways. Is there any reason they don't use these same planes to do flyovers of hemp fields to monitor the growth of illegal pot plants which are easy to see from the air?? (watched a PBS thing about it) More over - it's just as easy to grow pot in a corn field as it would be to do so in a hemp field - so, again - the Feds have to get over it & quit the lame excuses. If it were up to me, pot and hemp would both be decriminalized so there would be no excuses. "

Growing Hemp! wrote on Oct 27, 2007 12:07 PM:

" The very first step to bring the D.E.A. under compliance with the Hemp situation is to contact your U.S. Congressmen. They decide what the D.E.A. can and cannot do. The buck stops with the U.S. Congress. They need to establish new guidelines that the D.E.A. is forced to act upon. Without the backing of our illustrious(?) Congress, there is nothing anyone, anywhere, can do to change these old archaic laws. That whole situation may take years to change the Congress minds. They are financially, so much "in Bed" with Dupont, and other chemical companies that it probably will never happen. "

BILL G-A-R-R wrote on Oct 27, 2007 11:51 AM:

" Is this story for real? I'm in a state of total embarrassment. Instead of writing legal briefs they should be writing for ''Saturday Night Live'' The governments argument is so lame it strains credulity. Good Grief! Grow up! "

SA wrote on Oct 27, 2007 9:58 AM:

" A great crop for any farmer with so much to offer the world, and the DEA thinks that they will be run out of there jobs, if hemp production is allowed. They should sue the DEA on the grounds that they are prohibiting the farmers from making a living. "

GAry S wrote on Oct 27, 2007 9:26 AM:

" sure am glad the DEA has a handle on the huge Hemp problem in our country.. couldnt they be spending their time more wisely by hunting down the Meth heads instead of roadblocking a profitable crop that could bring millions of dollars of income to ND farmers. "

PO3 wrote on Oct 27, 2007 9:05 AM:

" I get a kick out of the govts arguements, they have completely open borders and admit most drugs come across our southern border, yet their worried about hemp which isn't even a plant you can make drugs out of. Anyone who wants drugs now days has drugs, and hemp won't make one bit of difference in the amount of drugs being used or brought into this country. What a dumb arguement the govt has. Heads buried in the sand like they always are with those people. "

xit wrote on Oct 27, 2007 8:43 AM:

" more power to the farmers "

gb wrote on Oct 27, 2007 7:08 AM:

" That's the federal government for you, once again wasting taxpayer's money. "

Bill wrote on Oct 27, 2007 7:03 AM:

" as cult hero Joe Dirt would say, "daang...." "

BP wrote on Oct 27, 2007 6:07 AM:

" This is our government bureaucracy at it's finest. We will cut our nose off to spite our face just because a law that was passed in the "reefer madness" days says so! "

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