ND Department of Agriculture Press Releases

FOR IMMEDIATE RELEASE JANUARY 31, 2008

JOHNSON RENEWS INDUSTRIAL HEMP LICENSES FOR TWO FARMERS

BISMARCK – Agriculture Commissioner Roger Johnson has renewed the industrial hemp grower licenses of two North Dakota farmers.

“Rep. David Monson and Wayne Hauge applied for renewal of their licenses last month,” Johnson said Wednesday. “After reviewing their applications, I am satisfied that they have met all the requirements of state law and qualify for license renewals.”

Johnson said the renewal applications, unlike the original 2007 licenses, will not be submitted to the U.S. Drug Enforcement Agency (DEA) for review or approval.

“Last year, our Legislature passed two important industrial hemp bills,” he said. “House Bill 1490 allows anyone with a state license to import or resell certified industrial hemp, and House Bill 1020 provides that state licenses are not conditional upon or subject to DEA review or approval.”

Johnson, however, indicated that he is not encouraging Monson or Hauge to plant industrial hemp this year.

“Unless there is a change in federal law or the federal courts intervene or the DEA itself changes policy, I believe it would be risky to plant industrial hemp,” he said. “It is very possible that the DEA would take enforcement action against anyone growing the crop.”

Johnson issued state grower licenses – the first in the nation – to Hauge and Monson in January, 2007.  The following month, the two producers applied for registration from the DEA, as then required by state law.

“I asked DEA in March 2007 to expedite review of the applications so that the registrations could be issued before the upcoming planting season,” Johnson said. “Unfortunately, DEA merely responded by saying they needed considerably more time to review the applications. They have still not acted on the applications for 2007, which would already have expired had they been approved”

Monson and Hauge filed a lawsuit in federal court in an effort to end DEA’s ban on commercial hemp farming in the U.S.  The lawsuit was dismissed in November, and the two farmers filed an appeal to the Eighth Circuit Court of Appeals two weeks later.

“Although other states are beginning to follow North Dakota’s lead in legalizing the production of industrial hemp, it may be very well up to the courts to bring about the necessary recognition of industrial hemp as a legitimate crop,” Johnson said. “Congress seems to have little stomach for the matter, and it is highly unlikely that DEA will change its stand and choose to exercise its discretion to differentiate between industrial hemp and marijuana.”

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MEDIA: For more information, please call Ted Quanrud at (701) 328-2233 or tquanrud@nd.gov or Patrice Lahlum at (701) 239-7210 or plahlum@nd.gov.