US Attorney Sues West Virginia Hemp Farm Over Seeds' Origin

A U.S. attorney is suing a West Virginia hemp farm and others, saying they violating the federal Controlled Substances Act.U.S. Attorney Mike Stuart has sued Matthew Mallory of CAMO Hemp WV, and Gary Kale of Grassy Run Farms. Grassy Run Farms owns the land, The Charleston Gazette-Mail reported Saturday.The lawsuit charges the farmers with manufacturing, cultivation, possession, and intent to distribute marijuana and not hemp. Hemp and marijuana come from the cannabis sativa plant, but by state law hemp must be comprised of less than 1 percent THC, the psychoactive compound that gives marijuana users a high.The complaint says the farmers purchased their hemp seeds in Kentucky and brought them over the West Virginia state line. A state pilot program only allows hemp producers to obtain seeds internationally, via the state Department of Agriculture, the lawsuit said.The complaint also said the defendants indicated they would install security measures around the farm. However, that allegedly hasn't happened.If Stuart prevails in the lawsuit, the farmers' plants, property, equipment and seeds could all be seized and forfeited to the government. His complaint says the federal government could receive either $250,000 in civil penalties or twice the sum of the defendants' gross receipts.The farmers' attorneys argue the Agricultural Act of 2014 protects their right to grow hemp under state laws. Also, the Farm Bill and related provisions of a federal appropriations bill together state that no congressional appropriated funds can prevent the transportation, processing or sale of hemp under a state program authorized under the federal legislation.