No farmers in the U.S. are growing Industrial hemp.

But Two North Dakota men want to.

In fact they are fed up with waiting for the Federal Government, so today they pursue growing Industrial Hemp by taking the issue to court.

Donnell Preskey has the story...

Dave Monson lives 30 miles away from where Industrial Hemp is being grown and sold for a good price. (Dave Monson / Osnabrock farmer) "Making nice profits in Canada in neighborhood of $250 an acre profit, frustrating for me to see them across the border, making that kind of money and we can't." For ten years North Dakota Agriculture officials and legislators have been working to legalize hemp as a crop

(Roger Johnson / ND Ag Commissioner) "Think we've bent over backwards, and it's come to a point where we need a judge to say it's good enough." Monday morning Dave Monson and Wayne Hauge filed a lawsuit in Federal Court

(Tim Purdon / Attorney) "The only thing stopping Monson and Hauge from planting this crop is the fear of if they plant this crop they could get charged with a crime. So we're coming to the court, to have the court order DEA that if these guys plant this crop you can't charge them with a crime. Purpose of the lawsuit." There's been a lot of steps to get to this point Monson and Hauge have the nations first licenses to grow industrial hemp

The DEA has not granted permission

However, the North Dakota legislature passed a law this year that says farmers no longer need the DEA's approval

But farmers want to know that for sure..

(Tim Purdon / Attorney) "The fiber, stalk, seeds and oil of hemp product are not illegal in this country. In fact everyday people import those products from canada, europe, asia, rather than buy from our own farmers." These arguments haven't worked to persuade the Federal Drug Enforcement Agency

Johnson says DEA will not budge they do not see a difference between industrial hemp and marijuana

(Purdon) its necessary to get an order from the court saying this practice that's legal in ND and the growth of the crop and the entering into commerce the exempt portions of the product does not violated the controlled substances act

Purdon hopes the Federal court will have a judgment by this fall so farmers can make planting decisions. In Bismarck, Donnell Preskey, KX News.

Johnson says the ag department has strict regulations in place for growing hemp.

Farmers have to disclose where they are planting the crop, how many acres, have a background check and be fingerprinted.

Any industrial plant that is planted in North Dakota would have a very low THC level meaning it would be useless as a drug.

Johnson says there is a significant market for Industrial Hemp.

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