The Drug Enforcement Administration (DEA) says that hemp is the same plant as marijuana and bans both, but a pair of North Dakota farmers is suing for the right to grow industrial hemp, saying that the plant is not psychoactive like marijuana.

USA Today reported June 18 that the lawsuit challenges the listing of hemp under the Controlled Substances Act and seeks a court ruling to bar DEA from arresting the farmers for growing the plant.

"You can smoke 17 fields of this stuff, and it's not going to do anything," said Joseph Sandler, the attorney representing the farmers. "It doesn't make sense to say you can import all this hemp, but you can't grow it and import it from North Dakota to South Dakota."

"Hemp is marijuana," said DEA spokesman Garrison Courtney. "There's no distinguishing feature between marijuana and hemp."

Farmers in North Dakota began thinking about growing hemp after disease wiped out the local wheat and barley crop a decade ago. Farmers in nearby Canada can legally grow hemp and import it into the U.S. Hemp has a variety of uses, including in foodstuffs, textiles, and soaps.

The North Dakota legislature has taken steps to support hemp farmers, and some have applied -- so far without success -- to the DEA for a license to grow the crop.

"I think it's pretty apparent that [DEA is] quite clearly choosing not to exercise their authority to distinguish between hemp and marijuana," said North Dakota Agriculture Commissioner Roger Johnson. "It's pointless to continue dealing with them. Their inaction is a pretty clear indication that they're not taking the application process seriously. It's been an issue 10 years in the making."