Two North Dakota farmers wanting to grow industrial hemp take thier case to Federal Court.

Dave Monson and Wayne Hauge submitted applications to groow industrial hemp to the Drug Enforcement Agency earlier this year.

So far no action has been taken on their applications.

Brad Feldman shows us how their day in court might make the process happen faster.

It's a plan that many believe likely won't even break the surface

Dave Monson and Wayne Hauge have been waiting for the DEA to make a decision on their applications

(Dave Monson/ Wants to grow Hemp) "I think the DEA is just trying to wait us out." Each of them paid twenty-three hundred dollars for a one year license to grow the controversial product

It is considered a controlled substance and illegal to grow without approval from the DEA

However, the state of North Dakota has already passed a law stating they can grow hemp

It is just not encouraged without an approved registration from the DEA

(Tim Purdon/ Attorney) "In order to grow industrial hemp in North Dakota it has to be tested by a lab and certified by the ag department of having the THC of less than point three percent which is a level that makes it impossible to get any sort of recreational high." This is where the government disagrees

They consider hemp to be the same kind of controlled substance as marijuana

The government wants the case thrown out

But the farmers attorneys claim this is different and needs to be looked at in a different manner

(Tim Purdon/ Attorney) "Would say that the controlled substances act defines marijuana specifically excludes the non viable seeds, the oil that you make from those seeds along with husk and other sorts of things. They are specifically excluded from regulation as marijuana and those is our position. In doing so congress intended to protect legitimate hemp industry." Judge Hovland says he is hoping to have a judgement back by the end of the month in the case

Brad Feldman KX News

A bill brought before the US House of representatives called the Industrial Hemp Farming Act of 2007 cxould take care of this case all together.

It would redefine industrial hemp as not being as dangerous as marijuana.

To date this bill has not been taken up in a hearing. watch the video | save this article / add to your favorites list