US appeals court hears arguments in ND hemp case
National News
An attorney for two North Dakota farmers argued they should be able to grow industrial hemp under state regulations without fear of federal criminal prosecution.
Attorney Joe Sandler told a panel of the 8th U.S. Circuit Court of Appeals on Wednesday that his clients' lawsuit against the federal Drug Enforcement Administration should move forward so that the farmers might have a chance to use their state permits to grow hemp for seeds and oil. The lawsuit was dismissed in U.S. District Court.
At the heart of the dispute is whether the farmers — state Rep. David Monson and Wayne Hauge — can cultivate hemp under North Dakota laws without violating the federal Controlled Substances Act.
Hemp is related to the illegal drug marijuana, and under the federal law, parts of an industrial hemp plant are considered controlled substances.
Sandler argued that while hemp plants might fall under the federal law, the law doesn't apply because the parts of the plant that could be considered a drug would never leave the farms. He also underlined the differences between marijuana and the crop the farmers want to grow, saying the judge who dismissed the case incorrectly treated marijuana and hemp as the same thing.
Industrial hemp is legally grown in several countries, including Canada, and the U.S. imports many products made from hemp seed, oil and fiber. The plant has much lower concentrations of the psychoactive chemical THC found in marijuana plants.
Melissa Patterson, a Justice Department attorney, told the appeals panel that Congress does have the power to regulate the crop in this case and that Congress has determined through the Controlled Substances Act that the plants, whether used for drugs or not, should be restricted.
Related listings
-
Payday lending law violated constitution
National News 11/06/2008A 1999 state law allowing so-called payday lenders to charge high fees for short-term loans violates the state constitution, the Arkansas Supreme Court ruled Thursday.In a 6-0 decision, the court said the fees permitted under the 1999 Check Cashers A...
-
Hall & Oates sue in NY over `Maneater' recording
National News 11/05/2008Daryl Hall and John Oates have filed a lawsuit saying their music publisher failed to protect their rights to their 1982 hit "Maneater."The pop duo's lawsuit says they learned in April 2007 that an unidentified singer-songwriter had used "Maneater" i...
-
Court to decide on convict's right to test DNA
National News 11/03/2008The Supreme Court will decide whether, years after his conviction, a defendant has a constitutional right to test genetic evidence found at the crime scene.The justices, in an order Monday, accepted the appeal of prosecutors in Alaska. They asked the...