Two North Dakota farmers are appealing the dismissal of their industrial hemp case.
David Monson, Osnabrock, and Wayne Hauge, Ray, filed a federal lawsuit in June to end the U.S. Drug Enforcement Administration's ban on commercial hemp farming.
They are appealing a number of issues.
Their attorney says that the court failed to properly consider the Commerce Clause argument that Congress cannot interfere with North Dakota's state-regulated hemp program.
They also claim that scientific evidence clearly shows that industrial hemp, which includes the oilseed and fiber varieties of Cannabis that would have been grown pursuant to North Dakota law, is genetically distinct from the drug varieties of Cannabis and has absolutely no recreational drug effect.
"We are happy this lawsuit is moving forward with an appeal," says Eric Steenstra, President of Vote Hemp, a non-profit organization working to bring industrial hemp farming back to the U.S. "We feel that the lower court's decision not only overlooks Congress's original legislative intent, but also fails to stand up for fundamental states' rights against overreaching federal regulation. Canada grows over 30,000 acres of industrial hemp annually without any law enforcement problems. In our federalist society, it is not the burden of North Dakota's citizens to ask Congress in Washington, D.C. to clear up its contradictory and confusing regulations concerning Cannabis; it is their right to grow industrial hemp pursuant to their own state law and the United States Constitution."
Source: Vote Hemp