Two North Dakota farmers who have state licenses to grow industrial hemp have appealed a federal judge's dismissal of a lawsuit they filed against the federal government, which regulates the crop as a drug.

Wayne Hauge's and Dave Monson's argument to the 8th U.S. Circuit Court of Appeals is that hemp, which can be used to make everything from lotion to rope, is not a substitute for its cousin, the illegal drug marijuana. Their appeal, which was announced earlier, was filed this week.

"If industrial hemp is not a substitute … (then) the federal government cannot reach the state-regulated production of industrial hemp," said Tim Purdon, the attorney for the farmers.

- Associated Press