Appeals Court Rules Against Indian Reservation

[DankCloset]

An American Indian treaty and United States law do not allow for the cultivation of industrial hemp on the Pine Ridge Indian Reservation, a federal appeals court ruled Wednesday.

Alex White Plume, vice president of the Oglala Sioux Tribe, and members of his family planted hemp on their property but it was cut down and confiscated by federal agents.

Industrial hemp is related to marijuana and is used to make rope and other products. It has only a trace of the drug in marijuana, but it is illegal to grow hemp in the United States.

The 8th U.S. Circuit Court of Appeals said it empathized with the White Plumes but concluded their enterprise was illegal.

"We are not unmindful of the challenges faced by members of the tribe to engage in sustainable farming on federal trust lands ... And we do not doubt that there are a countless number of beneficial products which utilize hemp in some fashion. Nor do we ignore the burdens imposed by a DEA (Drug Enforcement Agency) registration necessary to grow hemp legally," justices wrote.

"But these are policy arguments better suited for the congressional hearing room than the courtroom."

During oral arguments in December in St. Louis, the White Plumes' lawyer asked the appeals court to return the matter to a lower court to consider the legality of their crop.

The family tried three times to grow industrial hemp on Pine Ridge reservation land from 2000 to 2002, only to have the federal government seize and destroy the plants.

A judge ordered the White Plumes to stop the plantings but they were never charged with a crime.

The family could have applied to the DEA for permission to grow the crop, but without that authorization the crop could not be allowed, argued Assistant U.S. Attorney Mark Salter.

"The court should be commended for fulfilling its constitutional role by interpreting an ambiguous law of Congress," he said Wednesday.

The White Plumes' lawyer, Bruce Ellison of Rapid City, argued the family was not growing a drug so it didn't need to apply to the federal government for permission.

Ellison said he knew of no instance when the DEA granted a commercial hemp farming permit. And he said by treaty and tribal law, the White Plumes had the right to grow hemp without a DEA permit.

The appeals court disagreed, saying the Fort Laramie Treaty of 1868 set a number of provisions to encourage Indian farming but does not address hemp farming.

White Plume and Ellison could not be reached for comment.

Complete Title: Appeals Court Rules Against Indian Reservation Hemp-Growing

On the Net: http://www.ca8.uscourts.gov/opndir/06/05/051654P.pdf

News Hawk: DankCloset 420 Magazine
Source: Associated Press (Wire)
Author: Carson Walker, Associated Press Writer
Published: Wednesday, May 17, 2006
Copyright: 2006 Associated Press

[paullygirl]

I'm not sure aboutthe other tribes in this nation of ours but I do know that most reservations have laws regarding which federal agencys can come onto thier land in most cases the only people who can legally enter the res are either FBI or Texas rangers.

[smokejaguar]

Ppl believe a lot of misconceptions about what the Gov. can and will do concerning the Res. and what can go on there.Reservations are not the sovereign states the public is led to believe.No matter what the Gov. says,they will never completely honor treaties, or let Natives operate with the freedom "sovereignty" emplies. You can sell cheap tobacco but dont get creative and make waves.-usdi Agaluga