Judge tosses suit by N. Dakota farmers seeking to grow hemp

Published 10:11 pm Thursday, November 29, 2007

BISMARCK, N.D. — A federal judge has dismissed a lawsuit filed against the U.S. government by two North Dakota farmers seeking to grow industrial hemp.

Judge Daniel Hovland said the farmers should take their fight to Congress.

Hovland’s ruling late Wednesday mirrored comments he made when he heard arguments in the case earlier this month. Hovland told lawyers that the best remedy might be to change the definition of industrial hemp under the Federal Controlled Substances Act, which does not distinguish the plant from the illegal drug marijuana.

“Congress can best address this problem,” Hovland wrote in his decision to dismiss the lawsuit.

DEA spokesman Garrison Courtney said the agency was “satisfied that the judge agreed with the government position.” He declined comment on details of the ruling, including Hovland saying that DEA “prejudged the merits” of hemp-growing applications the farmers submitted to the DEA earlier this year. The agency did not act on the applications in time for the farmers to get a crop in the ground.

Plaintiffs’ attorney Tim Purdon said he was disappointed in Hovland’s ruling. He said no decision had been made on whether to appeal.

Legislation introduced in Congress last February 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, including rope and lotion, and farmers view it as a possibly lucrative new crop.

Hemp falls under federal anti-drug rules because it has trace amounts of the mind-altering chemical THC that is found in marijuana.