Source: kcra.com
Winnemucca Shoshoni tribe grows hemp in Stockton
A Nevada-based tribe is suing the San Joaquin County Board of Supervisors, as well as the county's counsel and the Drug Enforcement Agency, over the removal of 26 acres of what it's calling industrial hemp.
Court papers obtained by KCRA show that the tribe is asking for a temporary restraining order, return of the plants and a declaration that a San Joaquin County ordinance that targets these kinds of grows is unlawful.
The tribe said in the documents, however, that it contracted with SG Farms, a Marin County-based company, that has had more than five years of experience developing marijuana with very high concentrations of THC, far higher than many other hybrids. The court paperwork states that the THC levels of the grow fell just below the legal level to be declared hemp. The tribe claimed to be growing it for research purposes.The Winnemucca tribe rented the property in Stockton to grow what it calls industrial hemp. This kind of cannabis is typically very low in the hallucinogenic chemical THC and was used in the past to make things like rope, clothing and other materials. The tribe claims in the lawsuit that the purpose of the hemp grow is to produce that type of material. Industrial hemp is legal to grow under the California Industrial Hemp Farming Act.
The county told the tribe in August that simple signage and a claim of research were not enough to establish its ability to grow hemp in the county.
On Oct. 10, the DEA and the San Joaquin County Sheriff's Office entered the property and seized the plants. While the tribe claims there were only 26 acres, the DEA claims there was substantially more. In its claim, the tribe -- while claiming it is simply for research purposes and is not marijuana -- touts the health benefits of cannabanoids, the substance used in medicinal marijuana.
The tribe is claiming tribal supremacy and that it has been irreparably harmed by the seizure.
Tribal property, while part the sovereign nation, is still usually subject to all federal laws.
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