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A federal judge has denied the Flandreau Santee Sioux Tribe’s request to stop the United States Department of Agriculture from interfering with its production of industrial hemp.
The ruling and legal proceedings are the first steps the tribe can take to try and get approval for growing hemp on its land. The tribe has said it will take further legal action and will work with USDA on the issue but time is running out.
On March 8, the tribe filed an application with the USDA to grow industrial hemp on about 360 acres in Moody County. Under the application, the federal government had to decide within 60 days and couldn’t deny the application if the seven criteria that are required were met, said Seth Pearman, tribal lawyer.
On May 24, the tribe filed a complaint against USDA and Agriculture Secretary Sonny Perdue, asking the judge to intervene. The government had not ruled on the tribe’s application.
In a court hearing last week, Pearman argued that the USDA is not following its congressional mandate to rule within 60 days. Hemp has been removed from the Drug Enforcement Agency’s oversite and is part of the 2018 Farm Bill. The tribe has plans to grow the crop this year but the window to plant is getting shorter.