T
The420Guy
Guest
RAPID CITY SD AUGUST 14 2002 -- For the third year in a row the federal
government has prevented the White Plume Tiyospaye from earning any money
from its hemp crop. Federal Judge William Battey granted a temporary
injunction against Alex and Percy White Plume On August 13 that prevents
them from selling the harvested product.
The crop was harvested earlier in August and was to be transferred to the
Madison Hemp and Flax Co. of Lexington, Kentucky on August 14. The
harvesting of the crop gained national and worldwide attention. The North
American Hemp Council on their website billed the harvesting as the first
industrial hemp crop in the United States since 1958 .
A complaint was filed by Assistant United States Attorney Mark Vargo on
August 9 seeking to prevent the White Plumes from disposing of the
harvested product. People had gathered from across the United States for a
harvest celebration that was scheduled on the White Plume land near
Manderson, on the Pine Ridge Reservation the day of the transfer.
No criminal charges were filed even though the justification for the
temporary injunction was based on the Controlled Substances Act (CSA) found
at 21 USC 891 et. seq. That act makes it a crime to import, manufacture,
distribute, possess or improperly use controlled substances having a
substantial and detrimental effect on the health and general welfare of the
American people.
Throughout the complaint the US Attorney referred to the drug marijuana and
never used the words industrial hemp. The two plants are both members of
the cannabis family. However marijuana has a high level of THC, the
psychoactive chemical that alters the functioning of the brain. Industrial
hemp has such a low THC content that it has no effect on the functioning of
the brain.
South Dakotans will get a chance to vote on whether industrial hemp should
be allowed to be grown legally in South Dakota at the general election in
November. Industrial hemp can be used for thousands of products. The most
common uses are in rope, twine, oils, building materials, insulation,
cosmetics and food products.
Marijuana is classified as a Schedule I substance under the CSA. In order
to be a schedule I substance the drug must have a high potential for abuse
according to the CSA and the complaint filed by Vargo.
"There is no known detrimental effect on the health and general welfare of
any person using any industrial hemp product," says Bob Newland of the
South Dakota Industrial Hemp Council.
There is no distinction made between the psychoactive marijuana plant and
the non-psychoactive industrial hemp plant. Based on this lack of
distinction in the federal code, Vargo treats industrial hemp as though it
is the same as marijuana in the complaint filed in District Court.
As quoted in the federal complaint, marijuana is defined in the CSA as
follows: "All parts of the plant Cannabis sativa L., whether growing or
not; the seeds thereof and therein extracted from any part of such plant;
and every compound, manufacture, salt derivative, mixture or preparation of
such plant."
The definition, however, does go on to say, "Such term does not include the
mature stalks of such plant, fiber produced from such stalks, oil, or cake
made from the seeds of such plant, and other compound, manufacture,
derivative mixture or preparation of such mature stalks (except the resin
extracted therefrom) fiber, oil or cake, or the sterilized seed of such
plant which is incapable of germination." (21 USC Sec. 802(16))
The order issued by Battey temporarily restrains the White Plumes from
transferring the harvested crop, referred to in the order as marijuana. A
hearing for a permanent injunction is scheduled for October 1-2. No answer
was filed to the complaint in the federal file. White Plumes have been
represented by local attorney Bruce Ellison. A call to him was not returned.
The complaint and supporting documents gave a history of the White Plume
Tiyospaye's (extended family's) attempt to raise industrial hemp as a
product that could save agriculture and have a major economic impact on the
reservation.
The Oglala Sioux Tribe passed an ordinance legalizing the growing of
Industrial Hemp on the Pine Ridge Reservation. Following the passage of
that Ordinance Alex White Plume and relatives who own land near Manderson
announced their plans to use some of the land to grow industrial hemp.
The crops in 1999 and 2000 were destroyed by the DEA. The destruction
gained world-wide attention and the White Plumes received support and a new
supply of hemp seeds from the Madison Hemp and Flax Company.
Growing industrial hemp remains illegal according to federal law. However
the use of imported industrial hemp in products had been legal in this
country. The DEA proposed new rules that would make the use of hemp in any
food product illegal.
Possession or consumption of any food products containing any THC, even at
non-psychoactive levels would be considered use of a controlled substance.
The rule was to go into effect in March.
An article in Time Magazine, February 18, 2002, discussed the effect of the
pending new rule on businesses in Kentucky. The article said "Economically
speaking, a ban could ruin the 20 or so companies that make or sell more
than five million dollars worth of hemp waffles, salad oils, and other foods."
Seven Kentucky hemp companies asked the Ninth Circuit court of appeals to
block the implementation of the new DEA rule. On March 9 the court issued a
temporary stay blocking the ban on hemp in food products.
In 1998, Canada re-legalized the cultivation of industrial hemp. A year
later 35,000 acres of hemp were being grown in Canada. A Canadian hemp firm
joined with the Kentucky hemp businesses in challenging the DEA rule. They
claimed that "the DEA is violating NAFTA (North American Free Trade Act) by
failing to provide scientific justification for a rule that will be nothing
short of an absolute ban on trade in hemp food." Britain has also
re-legalized the cultivation of industrial hemp, without incident.
In the 1940's the U.S. government was the biggest consumer of hemp
products. During World War II the government issued permits to grow
industrial hemp, including permits to the Oglala Sioux Tribe.
The permits were issued because imports of other fibers had dried up and
the hemp was needed for rope for wartime use. The United States Department
of Agriculture even produced a video promoting hemp cultivation entitled
Hemp for Victory.
Support for cultivation of industrial hemp has grown beyond young left wing
liberals. Former Kentucky Governor Louie Nunn, who turned 78 in March, has
supported the cultivation of industrial hemp. Nunn promoted the use of hemp
in parts in the 1.2 million cars produced in Kentucky each year. Nunn is a
lifelong Republican who considers himself conservative.
Environmentalists support the use of hemp as a replacement of deforestation
for building material and paper. They say it is a renewable energy resource
that requires little or no herbicide.
Nutritionists and vegetarians found that hemp products contain an unusually
good ratio of beneficial fats ("good fats") compared to other vegetarian
products.
Members of the North American and the South Dakota Industrial Hemp Councils
see hemp as the answer to agricultural, environmental and health problems.
In spite of this, farmers who grow a crop that, according to an
advertisement on the South Dakota industrial hemp website, could save
agriculture, are called criminals in this country.
According to farmers in Kentucky quoted by Time Magazine "You could roll
and smoke every leaf on a 15 foot hemp plant and gain little more than a
hacking cough." Former Governor Nunn and other advocates see the DEA's
fight against industrial hemp as misplaced.
That, however does not change the situation for the White Plumes on the
Pine Ridge Reservation. The joyful harvest celebration and transfer of the
harvested hemp to the Kentucky company that helped them was cancelled. They
now wait for a final decision of the court in October.
Re-legalization of cultivation of industrial hemp will be on the ballot in
South Dakota on November 5.
Lakota Nation Journal
By Hazel Bonner
government has prevented the White Plume Tiyospaye from earning any money
from its hemp crop. Federal Judge William Battey granted a temporary
injunction against Alex and Percy White Plume On August 13 that prevents
them from selling the harvested product.
The crop was harvested earlier in August and was to be transferred to the
Madison Hemp and Flax Co. of Lexington, Kentucky on August 14. The
harvesting of the crop gained national and worldwide attention. The North
American Hemp Council on their website billed the harvesting as the first
industrial hemp crop in the United States since 1958 .
A complaint was filed by Assistant United States Attorney Mark Vargo on
August 9 seeking to prevent the White Plumes from disposing of the
harvested product. People had gathered from across the United States for a
harvest celebration that was scheduled on the White Plume land near
Manderson, on the Pine Ridge Reservation the day of the transfer.
No criminal charges were filed even though the justification for the
temporary injunction was based on the Controlled Substances Act (CSA) found
at 21 USC 891 et. seq. That act makes it a crime to import, manufacture,
distribute, possess or improperly use controlled substances having a
substantial and detrimental effect on the health and general welfare of the
American people.
Throughout the complaint the US Attorney referred to the drug marijuana and
never used the words industrial hemp. The two plants are both members of
the cannabis family. However marijuana has a high level of THC, the
psychoactive chemical that alters the functioning of the brain. Industrial
hemp has such a low THC content that it has no effect on the functioning of
the brain.
South Dakotans will get a chance to vote on whether industrial hemp should
be allowed to be grown legally in South Dakota at the general election in
November. Industrial hemp can be used for thousands of products. The most
common uses are in rope, twine, oils, building materials, insulation,
cosmetics and food products.
Marijuana is classified as a Schedule I substance under the CSA. In order
to be a schedule I substance the drug must have a high potential for abuse
according to the CSA and the complaint filed by Vargo.
"There is no known detrimental effect on the health and general welfare of
any person using any industrial hemp product," says Bob Newland of the
South Dakota Industrial Hemp Council.
There is no distinction made between the psychoactive marijuana plant and
the non-psychoactive industrial hemp plant. Based on this lack of
distinction in the federal code, Vargo treats industrial hemp as though it
is the same as marijuana in the complaint filed in District Court.
As quoted in the federal complaint, marijuana is defined in the CSA as
follows: "All parts of the plant Cannabis sativa L., whether growing or
not; the seeds thereof and therein extracted from any part of such plant;
and every compound, manufacture, salt derivative, mixture or preparation of
such plant."
The definition, however, does go on to say, "Such term does not include the
mature stalks of such plant, fiber produced from such stalks, oil, or cake
made from the seeds of such plant, and other compound, manufacture,
derivative mixture or preparation of such mature stalks (except the resin
extracted therefrom) fiber, oil or cake, or the sterilized seed of such
plant which is incapable of germination." (21 USC Sec. 802(16))
The order issued by Battey temporarily restrains the White Plumes from
transferring the harvested crop, referred to in the order as marijuana. A
hearing for a permanent injunction is scheduled for October 1-2. No answer
was filed to the complaint in the federal file. White Plumes have been
represented by local attorney Bruce Ellison. A call to him was not returned.
The complaint and supporting documents gave a history of the White Plume
Tiyospaye's (extended family's) attempt to raise industrial hemp as a
product that could save agriculture and have a major economic impact on the
reservation.
The Oglala Sioux Tribe passed an ordinance legalizing the growing of
Industrial Hemp on the Pine Ridge Reservation. Following the passage of
that Ordinance Alex White Plume and relatives who own land near Manderson
announced their plans to use some of the land to grow industrial hemp.
The crops in 1999 and 2000 were destroyed by the DEA. The destruction
gained world-wide attention and the White Plumes received support and a new
supply of hemp seeds from the Madison Hemp and Flax Company.
Growing industrial hemp remains illegal according to federal law. However
the use of imported industrial hemp in products had been legal in this
country. The DEA proposed new rules that would make the use of hemp in any
food product illegal.
Possession or consumption of any food products containing any THC, even at
non-psychoactive levels would be considered use of a controlled substance.
The rule was to go into effect in March.
An article in Time Magazine, February 18, 2002, discussed the effect of the
pending new rule on businesses in Kentucky. The article said "Economically
speaking, a ban could ruin the 20 or so companies that make or sell more
than five million dollars worth of hemp waffles, salad oils, and other foods."
Seven Kentucky hemp companies asked the Ninth Circuit court of appeals to
block the implementation of the new DEA rule. On March 9 the court issued a
temporary stay blocking the ban on hemp in food products.
In 1998, Canada re-legalized the cultivation of industrial hemp. A year
later 35,000 acres of hemp were being grown in Canada. A Canadian hemp firm
joined with the Kentucky hemp businesses in challenging the DEA rule. They
claimed that "the DEA is violating NAFTA (North American Free Trade Act) by
failing to provide scientific justification for a rule that will be nothing
short of an absolute ban on trade in hemp food." Britain has also
re-legalized the cultivation of industrial hemp, without incident.
In the 1940's the U.S. government was the biggest consumer of hemp
products. During World War II the government issued permits to grow
industrial hemp, including permits to the Oglala Sioux Tribe.
The permits were issued because imports of other fibers had dried up and
the hemp was needed for rope for wartime use. The United States Department
of Agriculture even produced a video promoting hemp cultivation entitled
Hemp for Victory.
Support for cultivation of industrial hemp has grown beyond young left wing
liberals. Former Kentucky Governor Louie Nunn, who turned 78 in March, has
supported the cultivation of industrial hemp. Nunn promoted the use of hemp
in parts in the 1.2 million cars produced in Kentucky each year. Nunn is a
lifelong Republican who considers himself conservative.
Environmentalists support the use of hemp as a replacement of deforestation
for building material and paper. They say it is a renewable energy resource
that requires little or no herbicide.
Nutritionists and vegetarians found that hemp products contain an unusually
good ratio of beneficial fats ("good fats") compared to other vegetarian
products.
Members of the North American and the South Dakota Industrial Hemp Councils
see hemp as the answer to agricultural, environmental and health problems.
In spite of this, farmers who grow a crop that, according to an
advertisement on the South Dakota industrial hemp website, could save
agriculture, are called criminals in this country.
According to farmers in Kentucky quoted by Time Magazine "You could roll
and smoke every leaf on a 15 foot hemp plant and gain little more than a
hacking cough." Former Governor Nunn and other advocates see the DEA's
fight against industrial hemp as misplaced.
That, however does not change the situation for the White Plumes on the
Pine Ridge Reservation. The joyful harvest celebration and transfer of the
harvested hemp to the Kentucky company that helped them was cancelled. They
now wait for a final decision of the court in October.
Re-legalization of cultivation of industrial hemp will be on the ballot in
South Dakota on November 5.
Lakota Nation Journal
By Hazel Bonner
