Industrial strength

An attorney for two North Dakota farmers argues 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 Drug Enforcement Administration should move forward so the farmers can use their state permits to grow hemp for seeds and oil. The lawsuit was dismissed in U.S. District Court.

One of the farmers, state Rep. David Monson, said he's already lost out on the opportunity to rotate hemp with wheat and barley crops that have been hit hard by blight and scab diseases in recent years.

At the heart of the dispute is whether the farmers -- Mr. 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.

Mr. Sandler argues 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.

Industrial hemp is legally grown in several countries, including Canada, and the U.S. imports many products made from hemp seed, oil and fiber.

Melissa Patterson, a Justice Department attorney, told the appeals panel that Congress does have the power to regulate the crop in this case. Ms. Patterson also argued that the farmers must, as directed by Congress, first go through a registration process with the DEA to grow hemp rather than taking the issue to court. The farmers' registration request with the DEA is still pending.

On the purely practical level, preventing farmers from growing crops which no one considers harmful to anyone, thus making it harder for them to support their families in tough economic times, is the height of central government arrogance.

The notion that mere farmers, willing to pay their taxes, should live in fear of their American government would have struck horror into the hearts of the founders. Yet Mr. Monson kneels and touches his cap like a good peasant when Their Lordships ride by in their coach and four, dutifully murmuring that he and Mr. Hauge will now wait for their case to run its course before planting hemp.

"I don't want to risk losing my farm and going to jail," Mr. Monson said.

So this is what we have come to.