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MONDAY, SEPTEMBER 9, 2002

Enforcement of drug laws on the Pine Ridge Reservation in South Dakota violates tribal sovereignty, a family whose industrial hemp crop has been targeted for destruction argued recently in court papers.

Alex White Plume has grown industrial hemp on tribal land for three years. Two years in the row, federal agents have destroyed his family's entire crop, saying the plant is no different from marijuana, an illicit drug.

With the latest harvest facing the same fate, the White Plumes are back in court. A federal judge last month temporarily barred the family from growing, selling or manufacturing hemp, which can be used for a wide variety of purposes.

But the family contends the farm is legal under treaty and tribal law. Court papers point to the Fort Laramie Treaty of 1868 and a resolution passed by the Oglala Lakota Tribe authorizing hemp development.

"The defendants' cultivation of industry hemp," an August 30 court filing stated, "is a protected activity within 'Indian Country' by agreement between the United States and the sovereign Lakota Nation."

Federal prosecutors are moving to shut down the hemp operation. According to a test performed by the Drug Enforcement Agency (DEA), traces of marijuana and cocaine were found on a sample taken from the White Plume farm.

The test, however, didn't state how much of the illicit substances were allegedly found. The distinction is crucial because hemp and marijuana can be differentiated by the amount of tetrahydrocannabinol (THC) they contain.

The amount of THC in marijuana gives users a "high." Hemp doesn't have the same effect.

Nevertheless, the U.S. Attorney in South Dakota argues that federal law abrogated the Sioux Nation treaty. The Controlled Substances Act makes it illegal to manufacture, possess or distribute drugs in Indian Country, an August 9 court document stated.

According to Bruce Ellison, an attorney for the White Plumes, the issue needs to be resolved once and for all. "The issuance of an injunction against the United States would be in the public interest of promoting sustainable and viable agricultural development by members of the Lakota Nation," he wrote.

Two companies are seeking to intervene in the case. Tierra Madre, incorporated in Delaware, and Madison Hemp of Kentucky have entered into contracts with the White Plume family to buy industrial hemp.

Recent Court Documents:
White Plume Defense (8/30) | Motion to Intervene (8/30) | Memo of Intervenors (8/30)

Related Stories:
U.S. moves to stop Oglala Lakota hemp farm (8/15)
Editorial: Hemp may not help (12/12)
S.D. farmers support hemp (12/4)
Neb. hemp bill stalled (5/24)
Supreme Court says no to pot distribution (5/15)
Neb. hemp bill gains support (2/2)
US criticized for hemp raid (9/6)