Pubdate: Thu, 13 Nov 2008
Source: Minneapolis Star-Tribune (MN)
Copyright: 2008 Star Tribune
Contact: http://www.startribunecompany.com/143
Website: http://www.startribune.com
Details: http://www.mapinc.org/media/266
Author: James Walsh, Star Tribune
Bookmark: http://www.mapinc.org/people/Dave+Monson

HEMP GROWERS TAKE CASE TO HIGHER AUTHORITY

Pot -- or not pot. That seems to be the question.

Two North Dakota farmers on Wednesday took their battle to grow 
industrial hemp to the Eighth Circuit U.S. Court of Appeals in St. 
Paul, where their attorney argued that hemp is so distinct from 
marijuana that it should not be subject to federal regulation. At 
stake, say hemp sellers and would-be farmers, is a potentially 
booming commodity that would help U.S. growers and consumers alike.

"I get real excited about it because of our economic times. It's a 
crop that would be very, very lucrative," said Lynn Gordon, owner of 
the French Meadow Bakery, who attended oral arguments at the U.S. 
Courthouse in St. Paul. French Meadow makes Healthy Hemp bread, 
muffins and bagels -- all big sellers, Gordon said -- but must buy 
its hemp from Canada.

"I pay so much for it now," she said.

Federal law allows the import and sale of non-drug hemp stalk, fiber, 
oil and seeds in the U.S., saying it is separate from marijuana. In 
fact, hemp is used in paper, textiles, food and even fuel. But 
federal law also lumps hemp and marijuana together -- they both are 
classified as Cannabis sativa L. -- when it comes to growing the 
plants, making it almost impossible for U.S. farmers to legally raise the crop.

Garrison Courtney, a spokesman for the U.S. Drug Enforcement 
Administration, the reason for the prohibition is simple -- hemp and 
marijuana come from the same plant and all parts of the marijuana 
plant contain some level of THC, the narcotic that produces the 
"high." THC is a controlled substance under federal law.

"To get hemp, you have to grow a marijuana plant. To grow a marijuana 
plant, you have to be registered with the DEA," Courtney said.

Still, in 2006, North Dakota put the finishing touches on a law that 
established the licensing of industrial hemp farms. The law requires 
the plants to be nearly narcotic-free and establishes strict rules 
that no other part of the hemp plant -- mainly, the leaves or flowers 
- -- can leave the farm. At the time, the law also required farmers to 
go to the DEA for a certificate of registration.

David Munson and Wayne Hauge, licensed hemp farmers in North Dakota, 
did that. Munson, who is also a state legislator, said he paid $2,300 
for a DEA permit in February 2007. He's still waiting. A request by 
North Dakota State University to grow a small hemp crop for research 
was recently approved after nearly a decade of waiting.

"We needed to get the decision early enough so we could actually get 
the crop in the ground," Munson said.

In the meantime, the North Dakota Legislature amended its law to no 
longer require DEA approval. But Hauge and Munson held off planting, 
saying they have no desire to run afoul of the feds.

"I don't want to risk losing my farm," Munson said.

So the men filed a lawsuit in June 2007, seeking to have the federal 
courts decide the issue.

Last November, U.S. Chief Judge Daniel Hovland of North Dakota ruled 
against them, saying: "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."

Now, it will be up to the appellate court to decide. A ruling could 
take months.

Melissa Patterson, a Justice Department attorney, told the judges 
that the issue shouldn't really be decided by the courts. She said 
the farmers should first complete the registration process set up by 
the DEA. After the hearing, Patterson declined to comment further.

Joe Sandler, an attorney for the farmers, urged the appeals court to 
recognize that with strong state regulations in place, there really 
is no need for federal oversight of North Dakota-licensed hemp producers.

Hemp advocates say the federal government used to encourage hemp 
production. It should do so again, Gordon said.

"It really is a wonder crop," she said, touting its diversity of uses 
and high nutritional value. "But I think the real answer is going to 
be Congress saying 'Hey, it's okay.'"

Munson said he just wants to legally grow a crop that would be 
healthy for his fields -- and his bottom line.

North Dakota farmers have been battling wheat scab, he said. Planting 
hemp -- a hearty plant that needs little attention -- into his 
rotation of wheat, barley and sunflowers would help. It would also 
mean about $800 per acre in gross income, a nice number for the 10 
acres he has planned. 
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MAP posted-by: Richard Lake