According to the Hemp Inc.’s executives, Jerry Norton persuaded the other executives of IHM that the hemp seeds from AHSG have excellent genetic makeup and are more suitable for the eastern climate and soil of North Carolina. This company is dedicated in providing top quality hemp seed products and related hemp accessories to the farming community. The Hemp Inc. executive team has a long history of developing and selling hemp products, including clothing, seeds, energy, grow kits and more.
To make their lawsuit possible, Hemp Inc.’s lawyers went to court to prove the hemp seed products contain no drugs or patented plant chemicals. They argue that it is entitled due to a longstanding provision in the US Constitution known as the Commerce Clause. The Hemp Foods Act also claims credit for the suit since it guarantees free trade between the states, including between Hemp and NC. The complaint further claims that because of the lawsuit, theNC Farmers Union, theNC Industrial hemp Industry Association and the NC House of Representatives are in violation of their state constitutions because they have limited the number of hemp farms by one hundred and twenty. These laws infringe on the freedom of speech and press by making it difficult for hemp producers and processors to continue their production of hemp products.
The complaint further contends that there has been an unfair practice by the NC Department of Health and Human Services Secretary Janet Yelmendi. Her staff arbitrarily disqualified growers on purely political grounds. The complaint further contends that the US Attorney’s Office has engaged in a pattern of litigation that is based on falsehoods and rumors. The suit further claims that the plaintiffs’ rights to reasonable compensation for economic harm have been violated. Hemp Inc., the defendant, is responsible for compensating injury victims, preserving the environment, maintaining the quality of the soil upon which hemp is grown and preventing future generations from becoming ill or being killed due to hazardous exposure to hemp products.
While the lawsuit is pending, Hemp Inc., along with three of its affiliates has placed a hold on all hemp seed shipments until the case is resolved. Hemp is an extremely fragile crop. It cannot be subjected to any excessive amount of pressure that would strain the plant or damage its vital organs. If hemp can be successfully utilized in America to create paper, fuel, and plastics, it will be beneficial to our society as a whole.
As is evident by the political atmosphere and the current trends in the hemp industry, the lawsuit is likely to be long and drawn out. Any case that drags on for more than two months may be decided on technical grounds. For example, a judge may find that a portion of the hemp in question did not meet the definition of true hemp. He may therefore rule that hemp does not have to be cultivated in a specific growing field for it to qualify as legitimate. Therein lays the problem as to how to distinguish hemp crops from crops that do not conform to the definition.
Despite the challenges presented by this lawsuit, hemp proponents are optimistic. Legal precedent is still developing and there is no guarantee that hemp will become commonplace. However, farmers stand to gain something from this unlikely lawsuit. It gives them a legal avenue to obtain the financial compensation they deserve when their crops are ruined due to hemp cultivation.
