Gregory A. Hall

The (Louisville, Ky.) Courier-Journal

LOUISVILLE, Ky. — Kentucky's Agriculture Department filed a lawsuit Wednesday seeking release of imported hemp seeds that the federal government has detained.

Plaintiffs in the suit include the federal Justice Department, the Drug Enforcement Administration and U.S. Customs and Border Protection. The Justice Department did not immediately comment when contacted.

The state Agriculture Department wants to distribute the seeds for use in pilot projects that would be Kentucky's first hemp crop in decades.

Kentucky officials thought they had an agreement with the DEA at 4 p.m. Tuesday to apply for a permit for all the universities conducting pilot hemp projects, which are allowed under the federal farm bill that became law earlier this year, Kentucky Agriculture Commissioner James Comer said. Then at 9 p.m., state officials got another letter from a different official suggesting a more elaborate process with different terms and conditions.

"That was never the congressional intent," Comer said, saying that the farm bill clearly states it trumps any other regulations that would limit hemp growth.

"We're doing exactly what the federal law says, and they continue to hold up our seed," Comer said, adding that the window to plant for this year's growing season closes June 1.

"I think they know that, and that's why they keep stalling," he said, adding that the lawsuit was filed because Kentucky officials believe the situation wasn't going to improve.

Hemp has been illegal in the United States since the late 1950s along with marijuana, its more potent cousin. Twelve states — California, Colorado, Indiana, Kentucky, Maine, Montana, Nebraska, North Dakota, Oregon, Utah, Vermont and West Virginia — now have laws to provide for hemp production as described in the farm bill, according to the National Conference of State Legislatures.

The universities are ready to plant, Comer said.

• The University of Louisville plans to test whether the crop can help clean soil on former industrial sites.

• Kentucky State University will work with old heirloom Kentucky hemp seed. The seeds are believed to be more than 50 years old.

• Murray State University wants to examine how well European hemp, which is low in the chemical that gives marijuana its psychoactive properties, grows in Kentucky.

• The University of Kentucky and Eastern Kentucky University are looking at agricultural issues involved in industrial hemp production.

• The University of Kentucky also is cultivating hemp for medical research.

But "every time we talk to someone with DEA, it's a different person, they have (a) different interpretation of the law, and it's just been a bureaucratic nightmare," he said. He has requested a hearing for Friday.