Federal judge turns back North Dakota farmers' effort to grow hemp

Will Kincaid, Bismarck Tribune

Farmers Wayne Hauge, left, and Dave Monson talk about their industrial hemp lawsuit during a news conference in Bismarck, N.D., on Wednesday, Nov. 14, 2007. Federal Judge Dan Hovland said he was not going to amend the definition of industrial hemp under the Controlled Substance Act. Hauge and Monson would like to grow industrial hemp in North Dakota.

By PAUL WALSH

Last update: November 30, 2007 - 3:03 PM

By PAUL WALSH

pwalsh@startribune.com

A judge has dismissed a lawsuit filed by two North Dakota farmers seeking to end the federal government's ban on commercial hemp farming, saying that the issue needs to be addressed by Congress.

The ruling came down Wednesday in a 22-page decision from Judge Daniel Hovland, who sits on the U.S. District Court in Bismarck, N.D.

In 1999, North Dakota became the first state to endorse industrial hemp farming. In June, farmers David Monson and Wayne Hauge sued to force the Drug Enforcement Administration to issue permits to grow hemp; the farmers had applied for permits in February,

"Obviously, we are disappointed with the decision," said Eric Steenstra, president of Vote Hemp, a grass-roots orginization that supports industrial hemp farming in the United States. "We are not giving up and will take this decision toWashington, D.C., to prompt action by Congress [on legislation] that would clarify a state's right to grow the crop."

Legislation introduced in Congress would exclude industrial hemp from the definition of marijuana, but no hearings have been held on the bill. Hemp can be used for a variety of products, from rope to lotion, and farmers view it as a possibly lucrative new crop.

Industrial hemp is a cousin of marijuana and is used to make everything from paper to lotion. But without permission from the DEA, the farmers could be arrested for growing it.

Because hemp contains trace amounts of the banned substance THC (tetrahydrocannabinol), it falls under federal anti-drug rules.

Monson farms 25 miles from Canada, where hemp acreage has grown sixfold since 2004 as Canadian farmers have tapped into new and growing markets for the scraggly, fibrous plant, which is used to make clothing, textiles, diapers, footwear, foods and other products.

Ten years ago, Monson, who is a state legislator, won legislative approval for research into hemp's potential as a cash crop in North Dakota. In 1999, the Legislature adopted his resolution urging Congress to unhitch marijuana and hemp, and the state set up a grower application process.

Hauge, of Ray, said he was disappointed but not surprised by the Hovland's ruling., and said it should spur congressional action.

The Associated Press contributed to this report.

Paul Walsh • 612-673-4482