Ron Strider
Well-Known Member
A Southern California company that planted a hemp farm in the Delta for "agricultural and academic research" has filed a federal lawsuit against San Joaquin County, after supervisors banned such farms and authorities seized the plants.
Cannabis Science Inc., along with other plaintiffs including the Winnemucca Shoshoni tribe of Native Americans and a college identified as "American States University," claim the county's actions have cost them about $77 million.
Their lawsuit seeks the return of the plants and a judge's order that their growing operation be left alone. The county acted "with a degree of moral repugnance this country hasn't seen for over a century and a half," the lawsuit says, alluding to the historic theft of land and property from Native Americans during the 19th century.
Growing industrial hemp in California is illegal, for now, unless it is done by an "established" research institution. County officials said at a meeting in late September that they came to the conclusion that the hemp farm near Holt didn't meet that requirement.
The lawsuit says that "American States University" is headquartered in Orange County and aims to help Native Americans and other economically challenged students. A cursory Google search, however, does not bring up any website for the school. The top search result is a Yelp page with no public reviews.
Nor does American States University appear on a list of 325 California colleges and universities eligible for Cal Grants, or on a list of approved institutions published by the state Bureau for Private Postsecondary Education.
A temporary ban on hemp will allow the county to write rules of its own, just as it is now doing for commercial marijuana, Agricultural Commissioner Tim Pelican told supervisors before their unanimous vote on Sept. 26.
"Hemp could eventually be a viable row crop in San Joaquin County," he said. "But the unregulated cultivation ... poses far too many threats and unforeseen consequences."
Namely, while hemp has lower concentrations of the chemical that causes a euphoric high, it is derived from the same plant as marijuana and it is difficult to distinguish between the two by sight. This raises concerns about potential crime, county officials say.
The hemp farm that is subject to the lawsuit is near where the body of 17-year-old Felix Cummings was found in early October in a cornfield. Cummings' mother told The Record that the boy had been trying to steal marijuana in order to sell it. The lawsuit says the boy targeted an illegal grow that was "up the road" from the hemp farm.
"I get requests almost daily about growing hemp in this county," Pelican said in September. "We have not issued a permit and do not plan to do so until after we've figured out what our regulations would be."
County Counsel Mark Myles declined to comment on the lawsuit Monday, saying the county had not yet been served. The plaintiffs did not respond to an email from a reporter.
According to their complaint, the tribe owned and operated the farm, which was known as "Free Spirit Organics, LLC." They said the hemp was grown on about 26 acres of a 250-acre plot on West Lower Jones Road, north of Highway 4 in the Delta.
The lawsuit lists Raymond C. Dabney as being both the CEO of the university and the president of Cannabis Science Inc.
The farm was planted in June. In late August, county officials sent a letter notifying the farmers that they were investigating. The supervisors then banned hemp growing on Sept. 26.
Two days later, a notice of violation of the new ordinance was sent to the growers. On Oct. 10, law enforcement agents removed the plants, the lawsuit says.
"What was once a thriving agricultural parcel is now barren, dry and essentially dead," the complaint says. "The entirety of the Native American grow was stolen from them."
The lawsuit was filed in the U.S. District Court for the Eastern District of California.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Hemp farmers sue San Joaquin County, claim plants for 'research' were illegally removed - News - recordnet.com - Stockton, CA
Author: Alex Breitler
Contact: Contact Us
Photo Credit: Wikipedia
Website: recordnet.com: Local & World News, Sports & Entertainment in Stockton, CA
Cannabis Science Inc., along with other plaintiffs including the Winnemucca Shoshoni tribe of Native Americans and a college identified as "American States University," claim the county's actions have cost them about $77 million.
Their lawsuit seeks the return of the plants and a judge's order that their growing operation be left alone. The county acted "with a degree of moral repugnance this country hasn't seen for over a century and a half," the lawsuit says, alluding to the historic theft of land and property from Native Americans during the 19th century.
Growing industrial hemp in California is illegal, for now, unless it is done by an "established" research institution. County officials said at a meeting in late September that they came to the conclusion that the hemp farm near Holt didn't meet that requirement.
The lawsuit says that "American States University" is headquartered in Orange County and aims to help Native Americans and other economically challenged students. A cursory Google search, however, does not bring up any website for the school. The top search result is a Yelp page with no public reviews.
Nor does American States University appear on a list of 325 California colleges and universities eligible for Cal Grants, or on a list of approved institutions published by the state Bureau for Private Postsecondary Education.
A temporary ban on hemp will allow the county to write rules of its own, just as it is now doing for commercial marijuana, Agricultural Commissioner Tim Pelican told supervisors before their unanimous vote on Sept. 26.
"Hemp could eventually be a viable row crop in San Joaquin County," he said. "But the unregulated cultivation ... poses far too many threats and unforeseen consequences."
Namely, while hemp has lower concentrations of the chemical that causes a euphoric high, it is derived from the same plant as marijuana and it is difficult to distinguish between the two by sight. This raises concerns about potential crime, county officials say.
The hemp farm that is subject to the lawsuit is near where the body of 17-year-old Felix Cummings was found in early October in a cornfield. Cummings' mother told The Record that the boy had been trying to steal marijuana in order to sell it. The lawsuit says the boy targeted an illegal grow that was "up the road" from the hemp farm.
"I get requests almost daily about growing hemp in this county," Pelican said in September. "We have not issued a permit and do not plan to do so until after we've figured out what our regulations would be."
County Counsel Mark Myles declined to comment on the lawsuit Monday, saying the county had not yet been served. The plaintiffs did not respond to an email from a reporter.
According to their complaint, the tribe owned and operated the farm, which was known as "Free Spirit Organics, LLC." They said the hemp was grown on about 26 acres of a 250-acre plot on West Lower Jones Road, north of Highway 4 in the Delta.
The lawsuit lists Raymond C. Dabney as being both the CEO of the university and the president of Cannabis Science Inc.
The farm was planted in June. In late August, county officials sent a letter notifying the farmers that they were investigating. The supervisors then banned hemp growing on Sept. 26.
Two days later, a notice of violation of the new ordinance was sent to the growers. On Oct. 10, law enforcement agents removed the plants, the lawsuit says.
"What was once a thriving agricultural parcel is now barren, dry and essentially dead," the complaint says. "The entirety of the Native American grow was stolen from them."
The lawsuit was filed in the U.S. District Court for the Eastern District of California.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Hemp farmers sue San Joaquin County, claim plants for 'research' were illegally removed - News - recordnet.com - Stockton, CA
Author: Alex Breitler
Contact: Contact Us
Photo Credit: Wikipedia
Website: recordnet.com: Local & World News, Sports & Entertainment in Stockton, CA
