Hemp Issue Now Ready for the Big Time; New Law Suits and Political Support;
The DEA Is In a No-Win Position

See
Kentucky Farmers’ Suit Against DEA -- BACKGROUND MEMORANDUM
From Michael Kennedy, Esq.

and

New York Times and Lexington-Herald Leader Report on Farmers’ New Lawsuit Against the DEA

Analysis

May 15, 1998

In the last six months the hemp issue has come to life much more rapidly than I had dared to hope, raising it to a much more prominent position in the public agenda.

Much credit goes to our Canadian neighbors and their decision to grow hemp. This made it possible for The New York Times to endorse ending the ban on hemp cultivation, even with a few barbs thrown at the DEA.
See
Hemp Cultivation in DEAland Endorsed By The New York Times!!

This morning the Times carried a very straightforward news story about a new lawsuit brought by Kentucky farmers against the DEA. New York attorney and NORML Legal Committee member, Michael Kennedy, who is also the lawyer for High Times, and who forced the DEA to petition HHS for a review of the scheduling of marijuana, is representing them.

See: DEA FINALLY CONFIRMS THE EXISTENCE OF SUFFICIENT GROUNDS TO REMOVE MARIJUANA FROM HARD DRUGS SCHEDULE OF CONTROLLED SUBSTANCES

The Lexington Herald Leader gave the story sympathetic front-page coverage. (Although the AP carried the story, the Washington Post did not.)

I have heard of a similar suit, which has been filed in New Hampshire. We are certain to see many more. Even Ralph Nader has come out in favor of hemp cultivation. This is a signal to the tort bar that this is a ripe area for litigation.
See
Ralph Nader Joins Drive To End US Ban On Industrial Hemp Cultivation – Forces Shift In DEA Line?

Various state legislatures have had hearings on the issue. The Sierra Club has kicked the environmentalist out of the closet on hemp.

Consequently, the DEA is facing a variety of sophisticated opposition and powerful agricultural interests in the heartland. In Kentucky it is the tobacco farmers who are hurting. In the plains states, many wheat farmers are losing their farms. They know that if Canadian farmers can grow hemp, certainly it would be profitable for them.

The DEA has moved accordingly into the stall phase of resistance. It has now issued a set of rules for growing hemp that no farmer can possibly meet, such as experience in producing controlled substances.
See
Drug Enforcement Administration Issues Press Release on the Industrial Use of Hemp;
The Stalling Phase Begins

This has a downside for them, however. The longer they stall and lie, the more they hurt their credibility with a very socially conservative constituency. It will also give Canadian and other nations’ farmers an even greater lead, and allow the hemp markets to develop even more. It may also anger and embolden the environmentalists.

The alternative for them is to acquiesce to the eventually inevitable, and let farmers start growing hemp under realistic regulations. These farmers are not going to become born-again anti-prohibitionists, but they are certainly going to be much less susceptible to the reefer madness party line that sustains marijuana prohibition.

For example, if you are a hemp farmer, what are you going to think about the medical use of the plant? The same applies to all of the people in the more technical areas of the hemp processing industries.

The proliferation of hemp products at retail is also "subversive." The reason that prohibitionists try to close down "head-shops," but sometimes allow them operate as "tobacco" shops, is to eliminate any outlet for anti-prohibitionist information. Hemp is not marijuana, but it can be a proxy for it on the public agenda. This is the reason that narks sometimes risk lawsuits by raiding perfectly legal hemp retailers. California narks have even said that they don’t care if people use marijuana medically, so long as they keep quite about it. They do not fear marijuana or hemp; they fear the truth.
See
Sacramento County Makes Public Use of Medical Marijuana Subject To Six Months In Jail -
AIDS Patient Defiant!

Thus, as with medical marijuana, they are in a double bind. If they continue to suppress hemp, they look bad, but if they free the hemp industries, they lose their ability to suppress discussions of cannabis and demonize the plant.

Even if the DEA were to cave in tomorrow, and it won’t, it will take several years for the domestic hemp industry to grow beyond a blip in the huge American economy, but the hemp issue is about ready for Broadway. The longer that the prohibitionists suppress it the bigger the issue will be. The cat is out of the hemp bag.

Richard Cowan

The Hemp Page of Marijuananews.com is edited by John E. Dvorak, Hempologist & Managing Editor, Hemp Magazine.

John was born in Fort Worth, Texas, but is an eight year resident of Allston/Brighton, MA, where he is the proprietor of the Boston Hemp Co-op and Managing Editor of Hemp Magazine. He is a member of the Hemp Industries Association, the International Hemp Association, and Mass/Cann NORML.

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