North Dakota Farmers Get Hemp License Renewed
Dec 11, 2008 Farming, Laws, News
The two North Dakota farmers who are suing the DEA so that they can actually use the hemp growing licenses that the state issued them have been granted a renewal on their licenses. As The Dickinson Press reports:
Two North Dakota farmers who were granted the nation’s first state licenses to grow industrial hemp a year ago have been granted renewals. The farmers have tried to get federal permission to grow hemp, which is a cousin to marijuana but doesn’t produce a high.
Although the state of North Dakota (and a few others) permit the cultivation of industrial hemp, it is still illegal under federal law. Consequently, even though a farmer is licensed to grow the plant, they can still face prosecution by the DEA.
Despite the legal murkiness, North Dakota is still issuing licenses to grow hemp, but warns that applicants will still have trouble with federal authorities. Perhaps that these two farmers re-applied for their license is indicative of what they think their chances are of winning their case against the DEA (i.e. good). However, there is no set date for when the judge is expected to hand down his decision on this case.
For those who want more background info on this case, VoteHemp.com has a page all about the North Dakota Case.
Tags: DEA, Farming, licenses, North Dakota
North Dakota Continues to Issue Hemp Licenses
Dec 9, 2008 Farming, Laws, News
Despite that two North Dakota farmers are still in court with the DEA, fighting for the right to grow industrial hemp licenses without being federally prosecuted, the state is continuing to issue licenses to grow industrial hemp. As the Jamestown Sun reports:
The North Dakota Department of Agriculture is accepting applications for 2009 industrial hemp production licenses.
“The applications are due Jan. 1,” said Agriculture Commissioner Roger Johnson. “Although the U.S. Drug Enforcement Administration continues to prevent holders of state licenses from growing industrial hemp, NDDA remains committed to fully implementing state laws authorizing the production, processing and sale of this crop in North Dakota.”
In addition to the associated fees and paperwork, applicants must submit their fingerprints and clear both state and federal criminal background checks.
Not only does it seem unreasonable to undergo such a process while the legality of North Dakota hemp farming still hangs in the limbo of federal courts, but the process itself is kind of curious. Consider a farmer who was convicted for a non-drug related crime (such as a fraud charge for bouncing a check) twenty years ago: they would be denied a license to grow industrial hemp. That doesn’t seem to make much sense. Of course, the North Dakota Department of Agriculture (NDDA) may very well consider applicants’ history on a case by case basis. Anyone know for sure?
In any case, those interested in applying for a license to grow industrial hemp in the state of North Dakota can contact Ken Junkert at the NDDA at 701-328-2231 or kjunkert@nd.gov. More information can also be found on the NDDA Web site.
Eyeing the Hemp as a Biomass
Hemp’s potential as a biofuel is not exactly a secret, but it’s not common knowledge either. Well, the biomass industry is well aware of it’s potential, and the lawsuit being waged North Dakota farmers seems to have the industry watching hemp closer than usual. A recent article in Biomass Magazine titled US industrial hemp development continues echoed how:
Developers and farmers continue to pave the way for hemp as a biomass crop in the United States.
The North Dakota case is, undoubtedly, and important. It will effectively determine the future of industrial hemp in the US for generation to come. As much as that will impact on the biomass industry, it will effect so much more. Hemp is also a particularly pomising cotton alternative, not to mention a great source of nutrition.
Of course, when the energy sector starts eyeing a profit maker, things usually give sooner rather than later. So perhaps there might be some behind the scenes political dealing that will play out in favor of not only the plaintiff farmers in the North Dakota case, but hemp enthusiasts and entrepreneurs writ large.
Tags: biodiesel, biofuel, biomass, North Dakota
North Dakota Update
A few days ago, we posted about how two North Dakota farmers were finally getting their day in court. In June of 2007, the farmers filed a lawsuit against teh DEA’s band on commercial hemp farming in the US, and on November 12, the US Court of Appeals for the Eighth Circuit will begin hearing oral arguments. Well, the Wisoncisn Ag Connection has some clarification on the exact nature of the lawsuit:
In 2007 the North Dakota Legislature removed the requirement that state-licensed industrial hemp farmers first obtain DEA permits before growing hemp. The question before the Eighth Circuit Court of Appeals will be whether or not federal authorities can prosecute state-licensed farmers who grow non-drug oilseed and fiber hemp pursuant to North Dakota state law. Vote Hemp, the nation’s leading industrial hemp advocacy group, and its supporters are providing financial support for the lawsuit. If it is successful, states across the nation will be free to implement their own hemp farming laws without fear of federal interference.
So basically, while the state of North Dakota permits farmers to grow industrial hemp, the federal government does not. Consequently, therefore, a state license to grow hemp is pretty much useless because it does not protect you from federal indictment.
Complete background information on this case is available on the Vote Hemp – Legal Cases: North Dakota page. And here is some footage of the post-court press conference last November.
Tags: David Monson, DEA, North Dakota, Vote Hemp, Wayne Hauge
North Dakota Hemp Farmers in Court
Nov 3, 2008 Laws, News, Press Release
Two farmers from North Dakota who filed a lawsuit against the DEA over a year ago will be arguing their case in less than two weeks. What the farmers are taking issue with is a US District Court ruling that hemp and marijuana are the same plant. As the press release explains:
ST. PAUL, Minn., Oct. 30 — Two North Dakota farmers, who filed a lawsuit in June of 2007 to end the Drug Enforcement Administration’s (DEA) ban on commercial hemp farming in the U.S., will be back in court on Wednesday, November 12, 2008 in St. Paul, Minnesota. Oral arguments before the U.S. Court of Appeals for the Eighth Circuit begin at 9:00 am CST in the Warren E. Burger Federal Building & U.S. Courthouse at 316 North Robert Street in St. Paul and will immediately be followed by a press conference on the courthouse steps.
The farmers, North Dakota State Rep. David Monson and Wayne Hauge, are appealing a decision by the U.S. District Court, District of North Dakota on a number of grounds; in particular, the District Court ruled that hemp and marijuana are the same, as the DEA has wrongly contended.
It will be interesting to see how this case plays out. The two plants are obviously not the same. In fact, under this logic, poppy seeds should be illegal. For those who want more background info on this case, VoteHemp.com has a page all about the North Dakota Case.
Tags: DEA, North Dakota
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