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Hemp cultivation not allowed on Indian land.
United States v. White Plume U.S. Court of Appeals, 8th Cir., No. 05-1656 (May 17, 2006)
A federal appeals court has ruled that the Controlled Substances Act prohibited the cultivation of industrial grade hemp on Indian land.
The Oglala Sioux Tribal Council amended the tribal penal code to exclude from the definition of marijuana all parts of the cannabis plant containing less than one percent of the chemical THC by weight.
Under the tribal code, the cultivation and possession of this material was decriminalized on the Pine Ridge Indian Reservation in South Dakota.
Several tribal members raised a cannabis crop on federal trust land within the reservation, contracting to sell the industrial grade hemp to a commercial processing company. The growers did not register with the Drug Enforcement Agency, as required by federal law.
Rather than arresting the growers, the federal authorities asked the federal district court to find the growers in violation of the CSA and to permanently enjoin them from further cultivation or distribution of cannabis without DEA authorization. The district court granted the government's request.
On appeal, the growers and their supporters argued that industrial hemp and marijuana are really distinct species and it was not the intent of the CSA to ...
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