Farmers in Federal Court Seeking the Right to Grow Hemp
Industrial hemp can be used to manufacture paper, rope and fabric, car parts and even food; however, it also contains the same chemical that makes marijuana so popular and it is therefore considered a controlled substance by drug enforcement officials.
Hemp and marijuana both contain tetrahydrocannabinol, or THC, the chemical which is responsible for the "high" effect when smoked or ingested. Hemp is a fast growing plant that contains a much lower concentration of THC than marijuana, but is still just as illegal as heroin, marijuana or LSD.
Farmers and advocates say that hemp is a harmless and quickly renewable crop that is extremely useful and good for the environment. It would also be great for their bottom line.
In North Dakota, two farmers have filed a lawsuit in federal court claiming that the Drug Enforcement Administration (DEA) is preventing them from growing a crop that could bring them great financial benefits. The DEA says that they are plainly and simply enforcing the law. A hearing on the case is scheduled for November 14.
Both the marijuana plant and industrial hemp belong to the Cannabis sativa L. species. The plants have similar characteristics, except that smoking or ingesting hemp won't make you high. Hemp contains only traces of THC, but the Controlled Substances Act does not make the distinction between hemp and marijuana and the entire species of plant is almost completely banned.
Hemp has been known for centuries to be a fast growing plant that is good for literally thousands of uses. Drug users do not find it useful since it does not contain enough THC to produce a high.
On the other hand, marijuana is a very popular recreational drug that's use has been celebrated for decades through music and culture. It has a limited use for medical purposes, but the illegal use of marijuana surpasses its legal use by far.
Popular Mechanics Magazine announced that hemp was the new "billion dollar crop" back in 1938. The magazine article proudly stated that the plant had 25,000 uses. Among its uses are as a base element for textiles, paper, construction materials, car parts and body care products.
Advocates for the use of hemp products admit that it's not a cure all for the environment, but say it's not the dangerous drug that the Controlled Substances Act makes it out to be either.
The two North Dakota farmers, Wayne Hague and Dave Monson, who plan to take their fight to court say that comparing hemp to marijuana is like comparing a cap gun to an automatic weapon. The pair have successfully petitioned the state Legislature to authorize the farming of industrial hemp. Monson is a member of the state Legislature in North Dakota.
After receiving the green light from state Legislature in North Dakota to grow industrial hemp, Hague and Monson applied for the federal permits and paid $5,733 in non-refundable fees. Still, they were not issued the permits.
Not willing to give up, the farmers decided to file a lawsuit against the DEA for blocking the permits that would allow them to begin their lucrative venture into industrial hemp farming.
Currently, seven states, including North Dakota, allow hemp production for research purposes. California was set to become the 8th state, but Governor Schwarzenegger recently vetoed the California Industrial Hemp Farming Act. The California governor said that he was concerned about the burden on law enforcement officials who would have to monitor the crops to be sure that hemp, and not marijuana was being grown.
The DEA stands by their decision not to allow permits to farm industrial hemp to be issued to Hague and Monson because they say that they have a duty to enforce the Controlled Substances Act. They say they would need Congress to make changes to the Controlled Substances Act before they could allow the permits to be legally issued.
House Resolution 1009 is stalled. It would remove industrial hemp from the definition of marijuana. The Justice Department has not taken a side on the resolution, however the White House Office of National Drug Control Policy has doubts about it. They, like California's governor, are concerned about the burden on law enforcement and they also say that the same people who lobby for the legalization of marijuana back the farming of industrial hemp.
About 20 miles north of Monson's North Dakota farm, hemp is being legally grown in Canada. In 1998, Canada lifted a longtime ban on the farming of industrial hemp.
With the approval of the North Dakota State Legislature, the North Dakota Agriculture Commissioner Roger Johnson is backing the farmers in their fight to gain approval to grow industrial hemp. He has proposed modeling North Dakota's hemp laws after Canada's strict regulations.
"We weren't just going to tell the DEA to take a hike," Johnson said. "We're serious about this, and we want to do it in concert with the DEA."
The DEA said in a letter to Johnson on March 27 that the permits were denied because the state hadn't satisfied the agency's security and logistical requirements.
The letter explained that security aspects require careful evaluation because "the substance at issue is marijuana, the most widely abused controlled substance in the United States."
Is the DEA missing the point here? Hemp and marijuana are not one and the same.