N.D. farmers appeal ban on hemp growing

Two North Dakota farmers, whose lawsuit to end the U.S. Drug Enforcement Administration’s ban on commercial hemp farming in the United States was dismissed, filed a notice of appeal today.

By Paul Walsh, Star Tribune

Last update: December 12, 2007 - 11:20 AM

Two North Dakota farmers, whose lawsuit to end the U.S. Drug Enforcement Administration’s ban on commercial hemp farming in the United States was dismissed, filed a notice of appeal today with the Eighth Circuit U.S. Court of Appeals, a hemp advocacy group reported.

Lawyers on behalf of state Rep. David Monson and Wayne Hauge are appealing on numerous points, said the group, Vote Hemp. In particular, the lower court "inexplicably ruled that hemp and marijuana are the 'same,' ” as the DEA contended, the national group added.

"Scientific evidence clearly shows that industrial hemp ... is genetically distinct from the drug varieties of cannabis and has absolutely no recreational drug effect," the group said in a news release.

Late last month, a U.S. District Court judge in Bismarck dismissed the farmers' suit, saying the issue needs to be addressed by Congress.

In 1999, North Dakota became the first state to endorse industrial hemp farming. In June, Monson and Hauge sued to force the DEA to issue permits to grow hemp; the farmers earlier had applied for permits.

Hemp can be used for a variety of products, from rope to lotion, and some farmers believe it could be a lucrative crop.