Appeals Court Rules Against Indian Reservation 

  Appeals Court Rules Against Indian Reservation 

Posted by CN Staff on May 17, 2006 at 16:13:52 PT
By Carson Walker, Associated Press Writer 
Source: Associated Press 

Sioux Falls, S.D. -- An American Indian treaty and United States law do not allow for the cultivation of industrial hemp on the Pine Ridge Indian Reservation, a federal appeals court ruled Wednesday.Alex White Plume, vice president of the Oglala Sioux Tribe, and members of his family planted hemp on their property but it was cut down and confiscated by federal agents.
Industrial hemp is related to marijuana and is used to make rope and other products. It has only a trace of the drug in marijuana, but it is illegal to grow hemp in the United States.The 8th U.S. Circuit Court of Appeals said it empathized with the White Plumes but concluded their enterprise was illegal."We are not unmindful of the challenges faced by members of the tribe to engage in sustainable farming on federal trust lands ... And we do not doubt that there are a countless number of beneficial products which utilize hemp in some fashion. Nor do we ignore the burdens imposed by a DEA (Drug Enforcement Agency) registration necessary to grow hemp legally," justices wrote."But these are policy arguments better suited for the congressional hearing room than the courtroom."During oral arguments in December in St. Louis, the White Plumes' lawyer asked the appeals court to return the matter to a lower court to consider the legality of their crop.The family tried three times to grow industrial hemp on Pine Ridge reservation land from 2000 to 2002, only to have the federal government seize and destroy the plants.A judge ordered the White Plumes to stop the plantings but they were never charged with a crime.The family could have applied to the DEA for permission to grow the crop, but without that authorization the crop could not be allowed, argued Assistant U.S. Attorney Mark Salter."The court should be commended for fulfilling its constitutional role by interpreting an ambiguous law of Congress," he said Wednesday.The White Plumes' lawyer, Bruce Ellison of Rapid City, argued the family was not growing a drug so it didn't need to apply to the federal government for permission.Ellison said he knew of no instance when the DEA granted a commercial hemp farming permit. And he said by treaty and tribal law, the White Plumes had the right to grow hemp without a DEA permit.The appeals court disagreed, saying the Fort Laramie Treaty of 1868 set a number of provisions to encourage Indian farming but does not address hemp farming.White Plume and Ellison could not be reached for comment.Complete Title: Appeals Court Rules Against Indian Reservation Hemp-GrowingOn the Net: Associated Press (Wire)Author: Carson Walker, Associated Press WriterPublished: Wednesday, May 17, 2006Copyright: 2006 Associated Press Related Articles:S.D. Family Seeks The Right To Grow Hemp Plumes Relinquish Hemp Crop

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Comment #27 posted by Richard Zuckerman on May 18, 2006 at 11:23:45 PT:
Hypocrisy shown again! The federal judiciary not only refuses to respect Indian Treaties, they refuse to respect the 2nd Amendment, they refuse to respect our right against unreasonable searches and seizures without a warrant in so far as the use of "Marijuana" in our own home, the U.S. Supreme Court has refused to take a case on jury nullification since Sparf and Hansen v. United States case way back in 1895, they cut down punitive damages verdicts more than State judiciaries, they give more immunity to police than State Constitutional tort actions...This is why I only vote for Libertarian Party and Ralph Nader!!! Democrats are no better than Republicans! Why are the children's textbooks from the 1850s considered college level at present, The refusal of the U.S. Drug Enforcement Agency to allow Hemp to be grown also prevents us from the ultimate alternative source of fuel for our automobile,!!! Again, either not voting at all or voting for Democruds and Republicrappers contributes to the Corporate Nazism!!!I'm in New Jersey, where U.S. Senators Lautenberg and Menendez favor open border immigration! I'd like to put illegal border crossers into work camps, as suggested in a Letter to the Editor in todays Home News Tribune,, entitled "Put illegal immigrants into work camps." Our economy is going down the toilet because you people are voting for the two party snakehead!!!!I am only in New Jersey awaiting the results of my appeal asking to establish a cause of action for Retaliation under the State Constitutional freedom of speech! Trial judge Nicholas J. Stroumtsos, Jr., J.S.C., Middlesex County, New Jersey, wrote in his Letter Opinion that no such grounds to sue under the State Constitution has EVER been allowed! On May 2, 2006, I personally delivered a motion asking to schedule appellate oral argument ahead of the 500 people in front of me now, on the grounds the defendants are a municipality, I'm raising same aforementioned novel issue of State Constitutional law, and because in the prior appeal the Appellate Division awarded me costs on the appeal because the dismissal was frivolous. The motion was submitted to the court this past Monday. Richard Paul Zuckerman, Plaintiff v. Borough of Highland Park, et al., Defendants, Docket number A-4461-05T1, Edward Costantini, Team 1 Case Manager, (telephone number)(609) 292-4822. Freedom of speech under the State Constitution, rather than the Federal Constitution. The Appellate Division recently rendered an Opinion giving more protection under the State Constitution freedom of speech on private property, the full title of which escapes me off hand, Committee v. ????, 383 N.J.Super. 22, 49, 50 (App. Div. 2006). Unfortunately, I believe the Indian Reservations fall exclusively under federal jurisdiction.The "discussion" by New Jersey State Senator Joseph Vitale, Chairman, Senate Health Committee, on New Jersey's Medical Marijuana Bill, S. 88, will be held on June 8, 1 P.M., in Committee Room 1.Richard Paul Zuckerman, Post Office Box 159, Metuchen, New Jersey, 08840-0159, richardzuckerman2002 
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Comment #26 posted by FoM on May 18, 2006 at 10:36:29 PT
Thank you for that article. These really are the strangest of days.
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Comment #25 posted by FoM on May 18, 2006 at 10:34:15 PT
I'm sorry that must be hard. Our country is made up of all types of people. I think we miss out on a lot if we never take the time to try to understand what really makes our country good. It's the diversity in my opinion.
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Comment #24 posted by Hope on May 18, 2006 at 10:10:15 PT
"I don't like being looked down on."
It's crazy. And they do. Sometimes I feel like my beloved is brainwashed by Limbaugh, Beck, O'Reilly and the rest of that bunch. If we talk about it...we fight. So it's best to let those political waters flow on under the bridge.A picture of some of the demonstraters in Mexico a week or so ago.;s=2;w=400;s=2;w=400
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Comment #23 posted by dongenero on May 18, 2006 at 10:05:43 PT
and now this-off topic
The homophobic neocons are springing or is it prancing into action. WASHINGTON (Reuters) - A Senate panel advanced a constitutional ban on same-sex marriage on Thursday as the committee chairman shouted "good riddance" to a Democrat who walked out of the tense session."If you want to leave, good riddance," Senate Judiciary Chairman Arlen Specter told Wisconsin Democratic Sen. Russell Feingold, who refused to participate because, he said, the meeting was not sufficiently open to the public. like to think of OUR Constitution as a document that secures and extends rights to The People....not a document that limits the rights of The People so that a few fear crazed nuts don't have to worry about resisting temptation.
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Comment #22 posted by FoM on May 18, 2006 at 09:30:19 PT
That makes sense. It seems almost like it's a god to some of them. They can't look inside themselves and evaluate their own short comings and it is easier to hate those who they think are below them. That is a terrible way to go thru life in my opinion.
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Comment #21 posted by dongenero on May 18, 2006 at 09:24:55 PT
haters= self-esteem issues
The hating neocons hate because they have self-esteem issues.They hate and belittle in order to make themselves feel superior. To reinforce some sense of self worth.....when there probably is little self worth in them.
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Comment #20 posted by FoM on May 18, 2006 at 08:35:50 PT
Just a Comment
For those who want to know how we are doing with stats for CNews. The last three days we have totaled about 440,000 total hits. We have dropped off google search but it doesn't seem to matter. I believe people do care. Thank you everyone for making CNews happen and continue to grow.
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Comment #19 posted by FoM on May 18, 2006 at 08:09:53 PT
Kucinich the Communist
I get information in e-mail from different organizations and people and Dennis Kucinich said the Cleveland Plain Dealer called him a Communist. What is that all about? 
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Comment #18 posted by FoM on May 18, 2006 at 08:04:38 PT
A Question
Republicans hate so much and act like they are better then people who aren't republicans. I don't like being looked down on. I love our country and the people. Why do they have a superiority complex?
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Comment #17 posted by FoM on May 18, 2006 at 07:59:27 PT
Neo-Con Hell
Hope oh my that sounds bad. 
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Comment #16 posted by Hope on May 18, 2006 at 07:56:28 PT
Surrounded by Republicans as I am
I can tell you that Glen Beck has been on the radio for ages and he has many fans. Aaargh. One of my daughters and my husband make a sort of hobby of listening to guys like him. Aaargh.Reporting from Neo-Con hell.Hope
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Comment #15 posted by FoM on May 18, 2006 at 07:51:17 PT

It is so good to know I am not alone. Once I find out a person is a republican these days I tune them out. I think what has happened with me is self preservation is kicking in. If I see republican or anything near a republican my mind shuts down like a monitor does.I don't want to hate so that is what I must do to not lose a happy spirit.
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Comment #14 posted by dongenero on May 18, 2006 at 07:40:54 PT

I'm with you FoM
I agree completely!Thankfully we have John Stewart.It's ironic though, that we have to turn to the Comedy Channel to get the honest take on issues.
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Comment #13 posted by FoM on May 18, 2006 at 07:29:00 PT

The 9/11 Story That Got Away
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Comment #12 posted by FoM on May 18, 2006 at 07:19:10 PT

I won't even comment on Fox because I don't watch it and I hear the ratings are really falling thank goodness. News is entertainment and nothing more. I call news the dumbing down of America. The Internet is where we get the facts. I always watched Lou Dobbs but recently I stopped when he kept mentioning marijuana along with the immigrant issue. I watch the Situation Room but last night he had on Cheney's daughter and I turned the channel off. I don't want to hear anything about the religious right wing republicans. I am at a point where if I see the word Republican in anything I tune out real fast. Enough is enough of their ways.The Daily Show covers the news real well for me.Music helps me not have nightmares like the news causes.The Restless Consumer - NYDon't need no TV adTellin' me how sick I amDon't want to know how many people are like meDon't need no dizzinessDon't need no nauseaDon't need no side effects like diarrhea or sexual death
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Comment #11 posted by FoM on May 18, 2006 at 06:52:28 PT

Off Topic: That 70s Show Finale
'That '70s Show' Ends, But Will Never Go Out of Style 
May 18, 2006"That '70s Show" signs off tonight with a two-part finale beginning at 8 p.m. on WUTV. Among the show's stars are Danny Masterson, left, Debra Jo Rupp, Ashton Kutcher, Tommy Chong and Kurtwood Smith.
 The end of an era happens in more ways than one with the hour-long finale of "That '70s Show" (8 tonight, WUTV). The finale takes the series full circle, with the former young adults sharing a few, smoky basement scenes just like the one that made the 1998 pilot so controversial.
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Comment #10 posted by Toker00 on May 18, 2006 at 03:26:07 PT

You are absolutely right about this new guy, Glen Beck. He is an a**. Between him and, you're right, Nancy Grace, I have a very hard time watching CNN. This guy is rude, right wing opinionated, and meant to be the answer to Limbaugh and Oreilly, combined. They didn't fool me. I caught on immediately from his first show. He's a clown and we should bombard CNN with complaints about him. He is an obvious NEO-CON plant.Toke.
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Comment #9 posted by whig on May 18, 2006 at 00:51:08 PT

It wasn't the new guy Glenn Beck was it? He's an odious piece of work. I agree with you about all those others too. Nancy Grace particularly, she's molesting victims for her stories all the time and it's particularly sickening. Can't watch her at all.But we really do need to know more about Natalie Holloway, don't we? I mean, there's no more important news. Is there?
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Comment #8 posted by Max Flowers on May 18, 2006 at 00:20:30 PT

Yeah I'm sure I was just venting, and I'm not a violent guy by any means, but if anything can push me close to the point of it, it's behavior like this jerk's, debasing a gravely serious matter like 9/11. I wish you'd seen it, it was about the sickest thing I've ever seen. Some people around me have thought it's a little weird how seriously I take 9/11, but I take it very personally, because I, or you, or any one of us could have died there, but for a twist of fate that has us living in a different place. What one does to my fellow countryman/woman, they do to me.I've been getting more and more frustrated with how low "journalism" has sunk. It's in the toilet, and millions are lapping it up as if it's fine champagne.Another infuriating and very suspicious thing I've been noticing for quite a while is that these whores (MSNBC, CNN, Fox) always start running increased coverage of murder or rape stories when there is a huge government story looming that they SHOULD be covering. It's so transparent and to me, insulting. They seem to know (or believe, but sadly are probably right) that the public is so shallow and dumb that no matter what else is going on in the world, when they dangle some sleazy story about some unfortunate person being killed or raped, the public's brains go to mush and they are hypnotized and distracted by the sleaze.Case in point: maybe you have seen this "woman" (I use the term loosely) named Nancy Grace. She is to me one of the worst plagues to ever afflict the "news" business. What a horrible, grandstanding, sleaze-peddling, sideshow-act, extremely unfeminine, disgusting piece of work she is. She puts on this incredibly over-the-top act pretending to be righteously indignant over crime victims, but in fact she is dishonoring them all the more by perpetuating and sensationalizing the pain and suffering of their relatives. She makes my skin crawl! Greta Van Susteren does the same thing, but I can tell she does not enjoy it nearly as much as Grace (the ultimate misnomer) does. All these aggressive, animus-filled, loudmouth "news people" and pundits---Nancy Grace, Rita Cosby (wtf?!), Tucker Carlson, Bill O'Reilly, the CNN guy I saw tonight, Sean Hannity, etc., etc.---what rock did all these people slither out from under? I realize that my rant makes it sound like I watch TV all day long, but I don't; it only takes a couple of minutes of dialing around to get me like this.
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Comment #7 posted by whig on May 17, 2006 at 22:26:43 PT

I know how you feel about CNN, I mostly watch to see how they will misreport and push their corporate agenda. I cannot even stomach to watch FOX News almost ever. MSNBC is hardly better except for Keith Olbermann. It is a sad comment that the best news shows on television are The Daily Show and The Colbert Report, on Comedy Central.I don't think you were serious about the violence, just venting. It wouldn't help, anyhow, and I personally avoid even the rhetorical use of violence because some people might take it seriously and act on it.
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Comment #6 posted by Max Flowers on May 17, 2006 at 22:17:31 PT

My blood is boiling over CNN segment (OT)
I need to vent about something 9/11 related. Ooh man I am really angry right now. I was watching CNN (I know, mistake to begin with) a few minutes ago, "Headline News" channel I think, and there was a short segment about the film 9/11 In Plane Site, and related to the video "revealed" by the Pentagon today. The "news personality" was some new guy I haven't seen before, some unbelievably smartass, smug, smirking dork throwing attitude all over the place. In fact that seems to be his job---he's not presenting news, he's just being an ass. He is even worse than Tucker Carlson, and that is hard to do. Anyway, I was just livid over what this guy did. He had as the guest the narrator guy from the film, and attempted to belittle him, and everyone who doubts the official government 9/11 story. Acting like an obnoxious 8th-grader who needs to have his ass kicked, this guy insulted the guest, me, the families of all the victims, and anyone who doesn't buy the offical fable hook line and sinker. He used juvenile insults, snarky tone of voice, interruption, anything he possibly could to condescend and belittle, and it was just so wrong I was seeing red. He acted like the guest he had on is the only person in the world who doubts the Bush-Cheney 9/11 fable, treating him like a freak. The guest at least got one shot in, saying "it's interesting how you guys always ignore the message, and attack the messenger." The thing that really gets me is that there are scores of victim relatives who still want answers, and he spit on them and the honor of their lost loved ones in the most vile manner I have yet seen. No respect whatsover! He, and therefore CNN as a whole, treated the story like it was the latest Britney Spears or Paris Hilton thing. It was beyond disgusting.If I lived in New York, DC, or wherever this guy is based I swear I would find him and break his nose. I would not care if I went to jail for it. He dishonored the victims in a horrible way by treating like dirt someone who is just trying to break through the lies and get some answers. He is a traitor, and so is CNN traitorous. I will never watch a minute of their propaganda crap again.On the positive side, I guess I'm glad that the issue got even five minutes of play on CNN, but the way they did it was totally without class or respect. Surprisingly, at the end of it this a-hole also pointed out one of his camera crew guys who timidly admitted that he thinks there are unanswered questions about 9/11.That guy is lucky I don't live where I can get to him. I almost want to get his name, buy a plane ticket, and a baseball bat before locating him. GRRRRR!
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Comment #5 posted by ekim on May 17, 2006 at 18:35:47 PT

Loretta Nall on MSNBC
Loretta Nall on MSNBCI haven't been reminding people enough about Loretta's campaign for Governor in Alabama, but she continues to be on a roll and gathering attention.
The latest -- this snickering report on MSNBC, which actually did manage to bring up the issue of marijuana legalization and Loretta's campaign without completely dismissing it, by noting that degree of attention her campaign is receiving.
Keep at it, Loretta!  Tuesday, May 16, 2006 FDA approves cannabinoidVia The Drug Update: 
Valeant Pharmaceuticals International (NYSE:VRX) today announced that the U.S. Food and Drug Administration (FDA) has given marketing approval for Cesamet (CII) (nabilone) oral capsules. Cesamet is used to treat nausea and vomiting associated with cancer chemotherapy in patients who have failed to respond adequately to conventional anti-emetic treatments.
"There is still a significant unmet need in treating one of the most feared and severe consequences of life-saving cancer therapies,"said Timothy C. Tyson, Valeant's president and chief executive officer. "With the approval of Cesamet, Valeant is proud to offer a solution that will help alleviate one of the most common side effects of chemotherapy." [...]
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Comment #4 posted by mayan on May 17, 2006 at 18:22:35 PT

"The court should be commended for fulfilling its constitutional role by interpreting an ambiguous law of Congress," he said Wednesday.There is absolutely nothing Constitutional about this interpretation, Assistant U.S. Attorney Mark Salter! The Sioux are trying to help themselves out of their predicament but the U.S. government is doing everything in it's power to keep them down.THE WAY OUT IS THE WAY IN...9/11 Commission report is a lie: Sheen's Pentagon Questions Remain Unanswered: Withholding 84 More Tapes of Pentagon on 9/11: Pentagon Unobstructed Citgo Videos: Flight 77 Hitting The Pentagon Would Really Look? and Venezuelan intelligence conclude 9/11 was an "inside job.": Censored Dir. To Speak at 9/11 Truth Conference: WAS AN INSIDE JOB - OUR NATION IS IN PERIL:
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Comment #3 posted by museman on May 17, 2006 at 16:55:50 PT

Go Sioux
"But these are policy arguments better suited for the congressional hearing room than the courtroom."That's right, because we are not a people run government. All law, legislation, and policy is completely out of our hands (or close to) and in the province of the elite only.
So if your local judge claims to be "non-partisan" don't you believe it!"argued Assistant U.S. Attorney Mark Salter."The court should be commended for fulfilling its constitutional role by interpreting an ambiguous law of Congress," he said Wednesday."What? I think people must be just so used to being hoodwinked they don't even notice what the establishment is really saying. There is no 'Interpretation' by that 'court', it was a good 'ol 'let somebody else handle this one' pass the buck snafu if ever there was one - SOP with anything marijuana related.I hope our original native brothers and sisters are paying attention to this one, and my hat is off to Mr. White Plume for actually attempting to exercise his inalienable rights.
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Comment #2 posted by whig on May 17, 2006 at 16:51:58 PT

Pass the peace pipe.
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Comment #1 posted by goneposthole on May 17, 2006 at 16:46:21 PT

that's ok
the Redman is particularly adept at moving cannabis into the general population. the hemp crops would help, but the cannabis gets through without much problem-o.
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