(From Dave Thompson, Prairie Public) Bismarck, N.D. (AP) Two North Dakota farmers who have state licenses to grow industrial hemp have appealed a federal judge's dismissal of a lawsuit they filed against the federal government.

Federal officials regulate the crop as a drug.

Wayne Hauge (HOW'-ghee) and Dave Monson's argument to the 8th U.S. Circuit Court of Appeals is that hemp is NOT a substitute for its cousin, marijuana. Hemp can be used to make everything from lotion to rope.

U.S. District Judge Dan Hovland last November said federal law considers industrial hemp to be the same as marijuana. He suggested Congress change the legal definition of industrial hemp, but members of North Dakota's congressional delegation say there's little chance that will happen.

The nonprofit advocacy group Vote Hemp is funding the farmers' legal battle.

Tim Purdon, attorney for the farmers, says the Drug Enforcement Administration has 30 days to file a response to the appeal. Purdon expects oral arguments in late spring or early summer.

(Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 02-21-08 1020CST | save this article / add to your favorites list