Press Release

[Courtesy of the Office of U.S. Senator Joe Biden, Jr.] FOR RELEASE: November 5, 2007 CONTACT: Elizabeth Alexander, 202-224-5042 ABA Endorses BIDEN Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity American Bar Association Applauds Biden’s Leadership on Sentencing Reform and Urges Senators to Support Biden Bill Washington, DC – The American Bar Association recently announced its “strong support” for Senator Joseph R. Biden, Jr.’s (D-DE) Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 and “urge[d]” Senators to support the bill. Sen. Biden’s legislation would completely eliminate the sentencing disparity between crack and powder cocaine, two forms of the same drug, and it would also abolish the mandatory minimum sentence for simple possession of crack cocaine, the only drug for which there exists a mandatory minimum sentence for mere possession for a first time offender. “Over twenty years ago, Congress enacted a sentencing scheme that punishes crack cocaine offenses far more severely than powder cocaine offenses," said Sen. Biden. "This is a terrible flaw in the criminal justice system. It’s based on the bogus notion that the crack form of cocaine is more dangerous and crack users are more violent than powder uses. And that logic just hasn’t played out.” Currently, under the so-called “100-to-1” cocaine sentencing disparity it takes 100 times more powder cocaine than crack to trigger the five- and ten-year mandatory minimum sentences under federal law. In other words, powder cocaine offenders who traffic 500 grams of powder (2,500-5,000 doses) receive the same five-year mandatory minimum sentence as crack cocaine offenders who simply possess just 5 grams of crack (10-50 doses). “I applaud and appreciate the American Bar Association’s decision to stand with me on this important issue,” said Sen. Biden. “It’s time for Congress to act in a real way. The current 100:1 disparity is unjust, unfair, and the time has long past for it to be undone. I look forward to working with the ABA and others to enact my bill into law.”

[Courtesy of Drug Policy Alliance] For Immediate Release: November 5, 2007 For More Info: Tony Newman, (646) 335-5384 or Tamar Todd (510) 593-4908 California State Supreme Court to Hear Landmark Medical Marijuana Employment Discrimination Case on Tuesday Gary Ross, Fired After Testing Positive for Medical Marijuana, Despite Using Off-Hours and in Accordance with California Law Leading Public Health Organizations File Amicus in Support of Gary Ross; Outcome May Affect Thousands of Working Californians Who Use Medicine to Relieve Chronic Pain On Tuesday, November 6, 2007, the California Supreme Court will hear oral argument in Ross v. Ragingwire Telecommunications, Inc., a case in which a lawful medical marijuana patient was fired by his employer after testing positive for medical marijuana he used during off-hours in accordance with his doctor’s recommendation for the treatment of severe pain. The case concerns Gary Ross, who treats his chronic pain and muscle spasms from a military injury with physician-recommended medical marijuana in compliance with California law. Mr. Ross provided the company with documentation of his legal status as a medical marijuana patient but was fired after eight days on the job because he tested positive for THC in a pre-employment drug test. Mr. Ross filed suit alleging wrongful termination but two lower courts sided with the employer, holding that the company did not discriminate against Mr. Ross based on his disability and chosen treatment. “The livelihoods of thousands of working Californians who are using medical marijuana in full compliance with state law are at stake in this case,” said Tamar Todd, staff attorney at the Drug Policy Alliance. Mr. Ross is represented by Joe Elford of Americans for Safe Access, who will be arguing that case in front of the California Supreme Court on Tuesday. The Drug Policy Alliance filed an amicus (friend-of-the-court) brief in support of Mr. Ross on behalf of leading national and state public health organizations, including the American Pain Foundation, the American Medical Women’s Association, the Lymphoma Foundation of America, the American Nurses Association, the California Nurses’ Association, the AIDS Action Council, the National Women’s Health Network, Doctors of the World – USA and the Gay Men’s Health Crisis. The brief argues that patients should not be forced to choose between the best course of treatment or employment, and outlines the sound evidence that marijuana is medically appropriate treatment for chronic pain and other serious medical conditions. Signatories to the brief represent a powerful contingent of medical and public health organizations that represent a broad class of patient-employees. “These leading health organizations recognize the need for patients to be able to follow their doctors’ advice for pain relief and treatment without fear of being fired from their jobs for doing so,” said Todd. Oral argument is scheduled for November 6, 2007 at 9 a.m., in the California Supreme Court‘s Capitol courtroom, Stanley Mosk Library and Courts Building, 914 Capitol Mall, Sacramento.

FOR IMMEDIATE RELEASE Contact: [email protected] Washington, DC – The American Civil Liberties Union today praised the U.S. Sentencing Commission (USSC) for taking action to bring the guideline ranges for crack cocaine federal sentences back in line with the mandatory minimum statute. As a result of the previous guidelines, crack cocaine defendants sentenced to the mandatory minimums often served many more months than required by the law for their offense. The ACLU now calls upon the USSC to make such changes retroactive, joining a growing chorus of organizations and individuals who believe such changes are an important step toward parity and justice in cocaine sentencing. "A retroactive change in the guidelines would offer relief to thousands of defendants who, because of the inconsistency caused by the sentencing guidelines, received sentences higher than the mandatory minimum," said Jesselyn McCurdy, legislative counsel for the ACLU Washington Legislative Office. "For the sake of consistency and basic fairness under the law, this change must be retroactive. "There is a widespread perception, particularly in African-American communities, of racial bias within the criminal justice system. For example, drug sentencing guidelines impacting other racial groups, such as those involving LSD, marijuana, and oxycodone, have been made retroactive by the commission in the past. Such perceptions of racial bias would only be magnified if corrected sentencing guidelines for crack cocaine offenses aren't also made retroactive." Neither the new guidelines nor their retroactivity will impact the statutory 100-to-1 quantity disparity between crack and powder cocaine, identified by the USSC as the "single most important" factor accounting for longer sentences imposed on African-Americans relative to other racial groups. The ball is in Congress’ court to make the statutory fix, and the USSC has expressed its firm desire "for prompt congressional action." As an interim measure, however, making the USSC’s proposed guidelines retroactive would be a significant step towards correcting over two decades of injustice in cocaine sentencing.

For Immediate Release: October 29, 2007 Contact: Adam Eidinger T: 202-744-2671, E: [email protected] or Tom Murphy T: 207-542-4998, E:[email protected] NDSU Files Amicus in Support of Hemp Farming Lawsuit DEA Makes Feeble Argument that Hemp Can be Turned into Drugs BISMARCK, ND – North Dakota State University (NDSU), a publicly funded land grant university has taken the unprecedented step of submitting an amicus brief in support of two North Dakota farmers, Rep. Dave Monson and Wayne Hague, who filed a lawsuit in June to end the U.S. Drug Enforcement Administration’s (DEA) ban on state-regulated commercial hemp farming in the United States. In the amicus, NDSU states that since 1999 they have waited for DEA to grant their application to grow non-drug industrial hemp to create varieties best suited for the North Dakota climate and soil conditions. NDSU contends these farmers should be granted relief from the court, as it is pointless to wait for DEA’s decision on licensing because the school’s interaction with the DEA shows the federal agency has no intention of cooperating with a premier agricultural university let alone private farmers. The amicus can be read online at http://www.votehemp.com/legal_cases_ND.html. Due to DEA’s obstructionism, the North Dakota Legislature removed earlier this year the requirement that state-licensed industrial hemp farmers first obtain DEA permits before growing hemp, enabling the plaintiff farmers to bring their case. In a Reply to the DEA’s Opposition to the farmers’ Motion for Summary Judgment filed Friday, lawyers for Monson and Hauge argue that not only do the farmers have standing as they are licensed by the state to grow industrial hemp and do not have to risk arrest before growing the crop, but that DEA is ignoring that the Controlled Substance Act (CSA) exempts non-drug hemp seed, oil and fiber from control. DEA is improperly extending its authority under the CSA into purely intra-state regulated industrial hemp farming that places only exempt non-drug hemp fiber and seed commodities into commerce, that not only did Congress not intend to regulate, but cannot regulate via the CSA under the Commerce Clause. With support of the landmark litigation coming from all branches of the North Dakota government as well as the Attorney General’s office who represents NDSU, the DEA has resorted to raising outlandish claims that somehow non-drug industrial hemp can be used as a drug even though impossible by definition, and in Canada and European countries where hemp is grown for export to the US, there is no such activity taking place. Gold can hypothetically and has in some instances been extracted from seawater, but the minimal concentration makes it technically and economically inefficient and commercially non-viable to do so. There are trace opiates in poppy seeds consumed on bagels, that could also be hypothetically be concentrated; but just as with industrial hemp is not a practical source of drugs for the illicit market. “The DEA is making a feeble defense, and is basically saying the farmers in North Dakota could divert their non-drug industrial hemp crops to make drugs, even though that is economically impossible and no one does that anywhere in the world. The media should be very skeptical of any ‘facts’ the DEA purports as DEA has realized the strength of the farmers’ case and is furiously backpedaling, asking for discovery on facts it previously held to be undisputed in a desperate bid to sow confusion,” says David Bronner, President of the Hemp Industries Association whose company, Dr. Bronner’s Magic Soaps imports hemp oil from Canada for their soaps. Monson v. DEA will be argued in court on Wednesday, November 14, 2007 in Bismarck, North Dakota. Oral arguments begin at 10:00 am CDT in the William L. Guy Federal Building, 220 E Rosser Ave Bismarck, ND and will immediately be followed by a press conference on the courthouse steps.

California NORML Release - Oct 24th, 2007 U.S. Crackdown on Medical Marijuana in Eastern District of California Modest Caregiver Growers Face Federal Prison, Forfeiture SACRAMENTO -- The U.S. Attorney's office in the Eastern District of California is waging an aggressive crackdown on medical marijuana, taking up modest cases that would normally be tried in state court and pursuing them with federal charges involving heavy penalties. Recent cases include Michael Lombardo, 49, who has been federally charged for a five-patient medical garden in Nevada County involving 65 to 100 plants, far below the typical 1,000-plant threshold for federal prosecution. While Lombardo's garden was arguably legal under California's medical marijuana law, no medical defense is available to him under federal law. In addition, the federal government has filed to forfeit Lombardo's home. Under federal law, any property used to grow marijuana is subject to forfeiture, regardless of whether it was lawfully acquired. Lombardo, an electrician with no prior offenses, has owned his home for seven years. Other Eastern District Prop 215 caregiver growers facing federal forfeiture of their homes include a Plumas County couple, Jeff Sanderson and Alice Wiegand (also facing criminal charges), Ron Hennig of Siskiyou County, James Robertson of Butte County, and Patricia Hatton, also of Butte County. Hatton's attorney, Jodea Foster, denounced the federal charges as "legal extortion." The crackdown is being led by U.S. Attorney McGregor Scott, who has been soliciting local law enforcement to turn over medical marijuana cases. Many DA's and sheriffs have been happy to do so in order to avoid the difficulties of state prosecution. California NORML denounced both Scott and local law enforcement officials for conspiring to circumvent Prop. 215. "Federal laws against medical marijuana laws are inherently bankrupt and unjust," said California NORML director Dale Gieringer. Under federal law, defendants are denied the right to even mention medical marijuana or Prop. 215 at their trials. Medical marijuana defendants who are prosecuted in federal court typically receive tougher penalties than non-medical offenders in state court. In some cases, Prop. 215 defendants in the Eastern District have been snatched up from state court and hauled off to jail on federal charges after having state charges dismissed. Recent examples include Gordon Rasmussen, charged with a 210- plant caregiver garden in Chico, and Donato Canceleno, a 63-year old disabled patient with a similar garden in Madera County. While each might have been found innocent under state law, they face a potential five-year mandatory minimum under federal law for growing over 100 plants. The Eastern District is particularly notorious for harsh sentences against medical marijuana defendants. Examples include Dustin "DC" Costa, currently serving 13 years - the longest known sentence for any Prop 215 defendant - for a cultivation coop in Merced; Vern Rylee, a severely disabled patient from Trinity County who is serving 71 months in federal prison for cultivation, and David Harde, sentenced to 30 months for a caregiver garden in El Dorado County. Another severely ill defendant, Joe Fortt in Kern County, served 21 months in prison before being deported to Canada. Eastern District prosecutors are currently seeking a five year mandatory minimum against Dr. Mollie Fry and Dale Schafer for growing for patients of their medical clinic in El Dorado County. Another Eastern District defendant, Bryan Epis, is currently appealing a 10-year sentence for a Prop 215 garden that he had wanted to organize as a legal co-op. The Eastern District has also been aggressive in moving against medical cannabis dispensaries. In 2005, Scott circulated a memo to all DA's, sheriffs and police chiefs inviting them to hand over dispensary cases. Earlier this year, the DEA raided a major dispensary near Bakersfield, Nature's Medicinal, even though it had been licensed by the sheriff and was paying sales and payroll taxes. In another case, the feds moved to prosecute the proprietors of the California Healthcare Collective in Modesto even after they had paid some $1 million of sales taxes to the state. California NORML denounced the federal government for wasting resources on imprisoning and prosecuting medical marijuana defendants rather than changing federal law. So far, more than 100 Californians have been federally charged for medical marijuana offenses. "The Department of Justice has prosecuted more California cases for medical marijuana than for terrorism," says Cal NORML director Dale Gieringer. For more info contact Cal NORML: (415) 563-5858 - [email protected].

For Immediate Release: October 17, 2007 Contact: Laura Thomas 415-846-4614 Public Heath Officials, Injection Drug Users and Advocates Join to Explore Solutions to Injection Drug Use in San Francisco October 18 Symposium Will Examine Needs, Feasibility, Support and Options for Legal Safe-Injection Facility 27 Cities in Eight Countries Have Adopted Safe Injecting Sites; Evidence Shows they Reduce HIV, Crime and Drug Use Public health officials, injection drug users, drug war reform adovocates and others will convene for a day-long symposium to examine the needs, feasibility, support, and various options for a legal Safe Injection Facility in San Francisco. The envisioned Safe Injection Facility would serve homeless and marginally housed injection drug users, and the communities most affected by them. The symposium, which is free of charge, will be held on October 18, from 9:30 a.m. to 4:00 p.m., at the Women's Building auditorium, 3543 18th St. & Valencia in San Francisco. Speakers include public health officials, service providers, legal experts, injection drug users, community groups, leaders in the faith community and evaluators from InSite, a safe injection facility in Vancouver, Canada. San Francisco has several large concentrations of injection drug users (IDUs), and while prevalence of HIV/AIDS remains relatively low among IDUs, rates of hepatitis C have reached epidemic levels, and fatal opiate overdose remains one of the leading causes of death in San Francisco. Community concerns regarding public drug use and improperly discarded syringes have been raised repeatedly over the last few decades. Twenty-seven other cities in eight countries around the world facing similar issues have opened Safe Injection Facilities, and this symposium will open a broad discussion about this option. The symposium is sponsored by the San Francisco Department of Public Health, and the Alliance for Saving Lives (ASL), a community consortium working to promote community and individual health through legal safer substance use sites. ASL members include the Harm Reduction Coalition, Tenderloin Health, Mission Neighborhood Resource Center, Homeless Youth Alliance, Drug Policy Alliance, and individual researchers and service providers throughout San Francisco. Continuing Education Units are available for a small fee for RN's, Certified Addiction Treatment Specialists, LCSW's and MFT's. As seating is limited, please RSVP to [email protected] to reserve a space. ###

MEDIA ADVISORY from Americans for Safe Access For Immediate Release: October 9, 2007 Hundreds to Rally in LA, Urge Governor to End Federal Medical Marijuana Raids Republican elected officials speak out against federal attempts to undermine state law Los Angeles, CA -- Hundreds of patients and advocates are expected to rally in front of Governor Arnold Schwarzenegger's Los Angeles office on Thursday, October 11, calling on him to stand up for patients' rights and defend the state's medical marijuana law by urging the Bush Administration to end the raids on patients and providers. The rally is being organized by Americans for Safe Access (ASA), a national medical cannabis (marijuana) advocacy organization. What: Hundreds rally to call on Governor to "Stand Up for Patients' Rights" When: Thursday, October 11 at Noon Where: Los Angeles office of Governor Schwarzenegger, 300 South Spring St. Who: Statements from Los Angeles City Councilmember and former LAPD officer Dennis Zine, and Orange County Supervisor Chris Norby; as well as the following speakers: medical marijuana patient and U.S. Supreme Court plaintiff Angel Raich; raided dispensary operator and advocate Don Duncan; recently raided edible-producer Michael Martin. ASA Executive Director Steph Sherer will MC the event Responding to recent federal enforcement of medical marijuana, Los Angeles Councilmember and former police officer Dennis Zine said in a July 2007 letter to Drug Enforcement Administration (DEA) Administrator Karen Tandy that, "Voters in California and in Los Angeles support the medical use of cannabis and want safe, well-regulated access. Medical cannabis facilities are a community based response to the need for safe access and represent the State of California's effort to fully implement California's medical cannabis law." Patients and advocates, angered by increased federal attacks on medical marijuana patients and providers, are calling on Governor Schwarzenegger to take action to end interference by the federal government in the state's medical marijuana law. Paramilitary-style raids by the DEA have become routine since the June 2005 U.S. Supreme Court ruling in Gonzales v. Raich, which gave the federal government the discretion to arrest and prosecute patients. However, this year the DEA has conducted at least 44 separate raids of patients and providers, more than twice that of the prior two years. Illustrating the breadth of these attacks, the DEA has conducted raids in no less than 10 counties across the state and has shut down entire regions of access to medical marijuana. Bringing a new dimension to the federal effort to undermine state law, letters were recently sent to more than 150 landlords in California, threatening asset forfeiture and criminal prosecution if they continued to lease to medical marijuana providers. By contrast, the state has had its share of success in implementing Proposition 215, the Compassionate Use Act. After Governor Davis signed SB 420, the Medical Marijuana Program Act (MMPA), into law in 2003, Governor Schwarzenegger allocated more than $1 million to establish a statewide ID card program. In addition, more than 30 California cities and counties have adopted ordinances regulating medical cannabis dispensaries, which are now required to pay sales tax to the State Board of Equalization. "We cannot continue to effectively implement state law with this level of federal interference," said ASA Executive Director Steph Sherer. "It is time for the Governor to hold the Bush Administration accountable for its actions and to fend off federal attacks so that we can avert further harm to patients." The October 11 rally will culminate weeks of advocacy that resulted in more than 40,000 postcards sent to the Governor, as well as hundreds of phone calls and emails, all urging him to take action to defend patients' rights. In addition to calling on the Governor to end the federal raids on patients and providers, advocates are seeking a directive from the Governor to local law enforcement discouraging cooperation with federal raids. Advocates are also urging Schwarzenegger to solicit support from Governors of other medical marijuana states in order to ward off federal interference. In August, New Mexico Governor Bill Richardson sent a letter to President Bush after the DEA threatened state officials with criminal prosecution if they implemented the state-mandated medical cannabis distribution system.

From Transform Drug Policy Foundation For Immediate Release: October 10 2007 Drugs prohibition is “unworkable and immoral” says Chief Constable The Chief Constable of North Wales Police Richard Brunstorm, recommends in a report published today, that his Police Authority officially support his call for the legalisation and regulation of drugs, as part of their submission to the drug strategy consultation being conducted by the Government. He also recommends that they affiliate to Transform Drug Policy Foundation. The Authority meets on Monday 15 October to discuss the recommendations. Danny Kushlick, Transform Director said: "We are absolutely delighted at Mr Brunstrom’s paper. The Chief Constable has displayed great leadership and imagination in very publicly calling for a drug policy that replaces the evident failings of prohibition with a legal system of regulation and control for potentially dangerous drugs”. “Mr Brunstrom’s call is less surprising when you consider that prohibition, and the illegal markets it creates, is the single largest cause of crime in the UK, generating £100 billion in crime costs alone over the last ten years. As a senior policeman he has witnessed first hand the counter productive effects of abdicating responsibility for this dangerous trade to unregulated and often violent criminals. His call for drug markets to be brought back within the sphere of Government control stands in enlightened contrast to the populist law and order posturing of our Prime Minister, who recently announced that ‘drugs are never going to be decriminalised’.” “The current Government consultation on the drug strategy has inexplicably ruled out any discussion of alternatives to prohibition, despite the policy’s systematic failure over a number of decades. Mr Brunstrom’s paper puts these pragmatic alternatives firmly back on the table, where they should be, if a meaningful debate about ‘what works’ is to be entertained. It is to be hoped that the Police Authority support the Chief Constable’s recommendations and that other Police Authorities seriously examine the impact of enforcing prohibition. It signals the start of a renewed critique of prohibition, which Mr Brunstrom’s paper describes as ‘both unworkable and immoral’ and should force the Home Office and indeed Government to take the issue far more seriously than it has until now. An enormous amount of respect is due to the Chief Constable for supporting a ‘pragmatic and ethical’ policy, despite its taboo nature in front line party politics. Those that denounce him should be wary of relying on what Mr Brunstrom calls ‘moralistic dogma’.” Notes for Editors: The drugs paper was announced on the HYPERLINK http://www.north-wales.police.uk/nwpv2/en/about/coblogs.asp The full paper is available in pdf here: HYPERLINK http://www.north-wales.police.uk/portal/files/folders/acpoblogs/entry3817.aspx

FOR IMMEDIATE RELEASE: Tuesday, September 25, 2007 CONTACT: Tom Murphy: T: 207-542-4998, E: [email protected] or Adam Eidinger, T: 202-744-2671, E: [email protected] Strong Growth of Hemp Food and Body Care Sales Continues in 2007 U.S. Farmers Suing DEA to Grow Industrial Hemp for Expanding Market Baltimore, MD – As leading North American brands that make hemp food and body care products with hemp seed and oil exhibit at the Natural Products Expo in Baltimore from September 27-29, new retail data released today proves that these brands are racking up record sales. The strong sales have occurred against the backdrop of state-licensed hemp farmers in North Dakota fighting a high stakes legal battle against the DEA to grow hemp seed for U.S. manufacturers. The new sales data lends credibility to U.S. farmers’ assertion that they are being left out of the lucrative hemp market that Canadian farmers have cashed in on for ten years. The sales data, collected by the market research firm SPINS, was obtained from natural food retailers only, excluding Whole Foods Market and mass-market food and pharmacy stores, and thus under-represents actual sales by a factor of two to three. The new report shows that hemp food sales grew in the sampled stores by 39% over the previous year (from August 2006 to August 2007), or by $2.1 million, to a total of $7.7 million. Based on the representative growth of this sample, the Hemp Industries Association (HIA) Food and Oil Committee now estimates that the total retail value of hemp foods sold over the past 12 months in North America grew from $14 million last year to approximately $20 million this year. In addition, the SPINS data show that sales of hemp body care products grew 11% over the past 12 months in the sampled stores to $12 million. Due to the large hemp body care line sold by The Body Shop, as well as the fact that many unreported leading mass-market brands of sun tan lotion and sunscreen products include hemp oil, the HIA estimates the total retail value of North American hemp body care sales to be at least $50 million. “The hard work we did four years ago to preserve legal sales of hemp foods through successful litigation has paid off with steady double-digit growth year after year,” says David Bronner, Chair of the HIA Food and Oil Committee and President of Dr. Bronner’s Magic Soaps. “The HIA is confident that the total North American hemp food and body care market over the last 12 months accounted for at least $65-70 million in retail sales,” adds Bronner. Over the last three years, hemp food sales have averaged 41% annual growth, making it one of the fastest-growing natural food categories. "Last fall we expected the double-digit growth of the hemp food sector to continue in 2007, especially since hemp milk would finally be available to waiting consumers," comments Eric Steenstra, HIA Executive Director. "We project that growth in the markets for hemp food and body care will keep pace into 2008,” says Steenstra. Agriculture and Agri-Food Canada and Statistics Canada data show that the quantity of hemp seed exports increased 300% from 2006 to 2007. Hemp oil exports kept pace, with an 85% increase in quantity. Hemp fiber exports showed encouraging progress, with a 65% increase in quantity. All statistics represent growth from the period January to June in 2007 versus the same period in 2006. A summary of hemp food and body care sales data is available by visiting http://www.thehia.org/PDF/HempSPINS2007.pdf . # # #

FOR IMMEDIATE RELEASE: Thursday, September 20, 2007 CONTACT: Adam Eidinger, T: 202-744-2671, E: [email protected] or Tom Murphy, T: 207-542-4998, E: [email protected] North Dakota Farmers File Motion for Summary Judgment in Hemp Farming Case Motion Includes Response to DEA’s Motion to Dismiss BISMARCK, ND – Two North Dakota farmers, State Rep. David Monson from Osnabrock and Wayne Hauge from Ray, have filed a Motion for Summary Judgment in a lawsuit filed June 18 in U.S. District Court for the District of North Dakota that seeks to end the U.S. Drug Enforcement Administration’s (DEA) obstruction of state-licensed and state-regulated commercial hemp farming in the United States. The farmers are seeking a declaration that they cannot be criminally prosecuted for growing hemp under state regulations, now in effect in North Dakota, which ensure cultivated plants have no potential drug value and are grown solely for the production of legal hemp fiber and seed commodities. The Motion and other legal documents can be viewed at http://www.votehemp.com/legal. “The DEA cannot purport to extend Congressional authority under the Commerce Clause via the Controlled Substances Act in order to interfere with North Dakota’s industrial hemp program, in which only federally-exempted, entirely legal hemp fiber and seed commodities are placed into interstate commerce,” says Tim Purdon, an attorney working on the case. “North Dakota regulations enforce conservatively strict non-psychoactive THC limits similar to Canadian regulations, which ensure there is no drug value in any part of the plant that could be diverted into the interstate market for recreational marijuana.” The farmers were issued their state licenses to grow industrial hemp from North Dakota Agriculture Commissioner Roger Johnson in February 2007. Pursuant to North Dakota law at that time, the farmers also applied for a DEA license to grow industrial hemp. Over the next few months, however, the DEA’s delay and expressed intent to review the applications as if the farmers intended to grow an unprecedented amount of Schedule I drugs, versus cultivate a non-drug agricultural crop, fueled frustration in North Dakota’s legislature. In April, the legislature changed their law, removing the requirement for a DEA license and asserting that the state license itself was fully sufficient. An Affidavit accompanying the Motion from Professor Burton Johnson of North Dakota State University (NDSU) included a formal letter from NDSU to the DEA this summer. In the letter, NDSU relays that the public university was directed in 1998 by North Dakota state law to collect and cultivate feral, local wild hemp in order to begin breeding industrial hemp varieties that could best thrive in North Dakota’s climate and meet the requirement of 3/10 of one percent THC or less in flowering tops. NDSU filed for a license from the DEA in 1999, but to date the agency has failed to act on the application. See the letter online at http://www.votehemp.com/PDF/NDSU_Letter_7-30-2007.pdf. “The national movement supporting farmers’ right to grow hemp learned from the NDSU example that the DEA has no intention of being rational about facilitating non-drug industrial hemp research and cultivation, even when it’s by a major university,” says Vote Hemp President Eric Steenstra. Vote Hemp’s grassroots supporters are funding this legal action to overcome the irrational hysteria and bureaucratic inertia of the DEA, and to restore industrial hemp farming to American farmers. Vote Hemp is dedicating this effort to recently-deceased Anita Roddick, founder of The Body Shop, and Michael Sutherland, former board member of the Hemp Industries Association (HIA). Both were trail-blazing pioneers in the modern restoration and renaissance of the global hemp industry. # # #