In Nor Dakoda

That’s North Dakota with an accent. …I think.

I could have entered this post in prohibition but beings this particular prohibition has to do with hemp I figured I’d put it here. See, there’s a couple of would-be hemp farmers in North Dakota that have filed a lawsuit against the DEA.  Sweet, huh? What I think really makes it cool is one of the farmers, David Monson, is a State Representative. Speaker of the House, actually.

This all started a while back, as is the way with these things. For over a decade Dakotans have been trying to get the hemp thing going. There’s a state licensing program. Though that program doesn’t require applicants to file with the DEA Monson and the other farmer, Wayne Hauge, attempted to do so. And they got stonewalled. In June of ’08 they filed a lawsuit in the appropriate U.S. District Court in an effort to end the obstructions. And then they got hosed.

That court stated that industrial hemp contains some THC at some time so therefor it falls within the DEA’s authority to prohibit its agriculture. So the farmers filed with the U.S. Court of appeals. And got hosed AGAIN!

The appeals court stated that;

District court did not err in concluding the cannabis plants plaintiffs proposed to cultivate fell within the Controlled Substances Act’s definition of marijuana and that their planned cultivation of industrial hemp under North Dakota state law was subject to federal regulation under the Controlled Substances Act; plaintiffs had standing to challenge the Act because they established they were targets of DEA action and showed actual injury sufficient to confer standing; their claims were ripe for review, and the district court did not err in finding that further efforts to exhaust the DEA’s administrative procedures would be futile; Congress has the authority under the Commerce Clause to regulate marijuana that is grown on a large-scale for the undeniably commercial purpose of generating products for sale in interstate commerce; Congress’s decision to regulate the manufacture of all marijuana plants – regardless of the grower’s ultimate purpose – was a rational means of achieving the congressional purpose of controlling the supply and demand for controlled substances and state law restrictions, such as prohibiting the plant from leaving the farmer’s property, did not place the cultivation beyond Congress’s reach.

When the hell are these people going to realize that marijuana and hemp are not the same plant?  I’m confounded that educated individuals won’t make that distinction. What could possibly be their agenda? Assuredly there must be an agenda. These types of decisions can’t possibly be the result of ignorance.

May 18 of this year Monson and Hauge filled another legal action against the DEA. This, ladies and gentlemen, is real grass-roots activism (sorry, I couldn’t help myself). Regardless of the special interests of the large corporations hemp is going to be grown and harvested again in this country. In my opinion, the U.S. citizenry will not tolerate such a blatant abuse of the legal system much longer. It’s a flat-out embarrassment.

I wish these two fellows the best. Go Get ‘Em Guys!!!

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