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Federal Judge Calls DEA's View of Hemp 'Asinine'

Alex White Plume and his family are members of the Lakota Nation who live on the Pine Ridge Reservation. The DEA sued to stop them from growing industrial hemp. The White Plumes planted and grew the hemp for three seasons, and then the DEA cut it down and took it.

The case reached the 8th Circuit where oral arguments were held this week.

During the oral arguments it became clear that Judge Kermit Bye and Judge Arlen Beam were focused on two issues: (1) the irrationality of allowing the exempt parts of the plant to be imported into the U.S. but not allowing industrial hemp to be grown in the U.S. and (2) the lack of any rational permitting process by the DEA.

While the Government's case was made, Judge Beam commented, "It seems asinine to me that they can bring in the Canadian stuff and use it but can't grow it." Beam also suggested that it did not make sense that Congress would try to make the economy of Native American tribes more enhanced by casino gambling but not allow industrial hemp cultivation.

How did the case even get this far?

The DEA sought a permanent injunction to prevent the White Plumes from growing industrial hemp without federal permission because the DEA has placed a de facto ban on non-psychoactive industrial hemp farming in the U.S. by treating it as if the crop were the same as drug/medical marijuana.

You can read more about the case here.

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    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#1)
    by Johnny on Sat Dec 17, 2005 at 01:07:07 PM EST
    Good ol' Uncle Sam. Still thinks hemp, or even pot, is dangerous. Grow up America. Prohibitionists need to prove that hemp and hemp derivatives are dangerous. You can't. You are living a lie. Want to prohibit something dangerous? Prohibit alcohol. Churches would have a holy cow... Besides, history (which so many Americans seem to either ignore or outright dis-believe) tells us prohibition is a complete and utter failure. Time for the prohibitionists to admit their policies are ignorant and a total failure. Will someone please explain to me, and provide documentation that hemp deserves it's status?

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#2)
    by scarshapedstar on Sat Dec 17, 2005 at 01:07:07 PM EST
    Time for the prohibitionists to admit their policies are ignorant and a total failure.
    Problem is, the drug war is like all classic failed political movements in that its supporters insist that it, by its very nature, cannot fail. If it doesn't seem to be working, it's only because we don't have a "real" drug war, i.e. we need to join the Third World and start lopping off heads.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#3)
    by SeeEmDee on Sat Dec 17, 2005 at 01:07:08 PM EST
    The DrugWar reminds me of a political cartoon I saw many, many years ago: Eisenhower, Kennedy, Johnson and Nixon faces were all saying the same sentence, with sections of it coming from each of their mouths, that the American "Victory was just around the corner" in Viet Nam. The thing about applying this to the DrugWar is, you would have to start with Woodrow Wilson (who signed the first Fed anti-drug bill, the Harrison Narcotics Act, into law) and extend the line of following Presidents forward. Yessir, "victory is just around the corner"...91 years and 15 Presidents later. Uh huh. Suuuuuuuure it is.

    While I agree with the judge and think the White Plumes should be allowed to grow hemp and I think the DEA has better things to do, it does seem that that the judge is trying to legislate from the bench in this case.
    "It seems asinine to me that they can bring in the Canadian stuff and use it but can't grow it."
    Well, Your Honor I agree, it is asinine, but that's not your call. You don't get to make the laws.
    "...it did not make sense that Congress would try to make the economy of Native American tribes more enhanced by casino gambling but not allow industrial hemp cultivation."
    Again, you are correct Your Honor. But if you want to change that you need to run for Congress, not the bench.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#5)
    by Edger on Sat Dec 17, 2005 at 01:07:08 PM EST
    SeeEmmDee: Yessir, "victory is just around the corner"...91 years and 15 Presidents later. Uh huh. Suuuuuuuure it is. Come on SeeEmmDee... Jeeze... what is about "stay the course" that you don't get??? [sarcasm alert]

    These are not "activist judges" trying to make law, because they are not reviewing a statute of Congress. Congress never got involved in the cultivation of industrial hemp. This is a regulation enacted by the DEA, and the judges are suggesting that the regulation is nonsensical because the courts can reverse a regulation enacted by an administrative agency (such as the DEA) when it is irrational or illogical. The whole activist judge epithet suffers from serious overuse.

    Bravo to Judge Beam; he seems to be a very wise man. Want to know the real reason why the DEA opposes industrial hemp growth by farmers? Because from the air -- in the DEA's spotter helicopters -- one can't tell the difference between industrial hemp and marijuana that will get you high. Legalize all plants, I say.

    Michael Sande, If that is the case, this is an administrative regulation not a "law", then I stand corrected. Again, I agree with the judges, I just misunderstood the facts of the case. (so with a red face I say) Um, I have to go now...I think my wife is calling me.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#9)
    by Che's Lounge on Sat Dec 17, 2005 at 01:07:08 PM EST
    The reason the DEA opposes it is because any threat to their 30 billion/year WOD means some buddies might lose their jobs. This whole program is a cash cow for law enforcement hoodlums, weapons manufacturers, and government pensioners. It has nothing to do with whether MJ is harmful or not. And it's a very militaristic approach to a social phenomenon. Expensive and violent. Typical US govt. approach.

    It wasn't long ago that the government was promoting the cultivation of hemp. In WWII the gov't pushed a "Hemp for Victory" and "Grow Hemp for the War" campaign. With movies and cool posters and everything.

    Can't find a single reason to support the DEA on this one.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#12)
    by kdog on Sat Dec 17, 2005 at 01:07:08 PM EST
    Why is this even in court? I thought the Lakotas, or any recognized Indian nation, were not subject to US law. Let them grow whatever they want. The DEA has been a joke since it was founded, so their stance on hemp (the non-narcotic) is no surprise.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#13)
    by Dadler on Sat Dec 17, 2005 at 01:07:08 PM EST
    I have no idea how any law enforcement official can live with themselves having to carry out this kind of nonsense. If I want to grow hops and barley and make beer, I'm fine and can get loaded all I want. The idiocy and childish lack of honesty on this issue on the part of the government is utterly totalitarian.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#14)
    by Johnny on Sun Dec 18, 2005 at 05:54:39 AM EST
    I thought the Lakotas, or any recognized Indian nation, were not subject to US law.
    As long as it is fishing licenses or other trivial things... But in anything that makes the conqueror look bad, no.

    Re: Federal Judge Calls DEA's View of Hemp 'Asinin (none / 0) (#15)
    by Edger on Sun Dec 18, 2005 at 06:16:23 AM EST
    Well the D.E.A.'s got a chopper in the air I wake up screaming like I'm back over there I learned a thing or two from ol' Charlie don't you know You better stay away from Copperhead Road ---Steve Earle, Copperhead Row

    I've always wanted to be a cop. Even as a child, I wanted to work to keep other people safe. However, I cannot take that oath so long as the government insists on locking people up for trivial offences; some so trivial that they should not be offences at all. I simply cannot bring myself to arrest and incarcerate someone for possessing marijuana or other illegal substances. Therefore, I would not be able to uphold my oath to enforce the law, and I will not put myself in that position. Thanks to the drug war, my community will not have another kind and caring law enforcement officer, and will instead have to accept somebody who may be into it for the power it gives them over other people. The drug war has many bad affects on society, not least of which is promotion of corrupt law enforcement and suppression of good law enforcement candidates.

    DEA (none / 0) (#17)
    by wadeaz1 on Tue Jun 19, 2007 at 05:10:12 PM EST
    Wells lets all support industrial hemp through consumption. When it starts making enough money for other countries the US will change it's policies to get their fair share.

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