Pubdate: Thu, 23 Mar 2000
Source: Associated Press
Copyright: 2000 Associated Press
Author: Mark R. Chellgren, The Associated Press

HIGH COURT SAYS HARRELSON MUST BE TRIED FOR MARIJUANA POSSESSION

FRANKFORT, Ky. (AP) -- Actor Woody Harrelson today lost his battle to draw a
legal line between industrial hemp and its narcotic cousin marijuana.

The Kentucky Supreme Court ruled there is no difference and said Harrelson
has to go back to Lee County to be tried for possession of marijuana.

Harrelson planted four hemp seeds in 1996, knowing he would be arrested so
he could challenge the law outlawing possession of any part of the cannabis
plant.

Through three different courts, the star of "Natural Born Killers" and "The
People vs. Larry Flynt" has argued the statute is unconstitutional because
it does not distinguish between marijuana and hemp, which contains only
minute amounts of the substance that makes marijuana smokers high,
tetrahydrocannabinol or THC.

"The mere fact that hemp may contain less THC than marijuana is of no
consequence," Justice Donald Wintersheimer wrote.

The state Supreme Court said Harrelson should be making his argument in the
General Assembly, not the courts.

Harrelson's trial for possession of marijuana, a misdemeanor that carries a
potential fine and little possibility for jail time, has been put off
pending his appeals. After one earlier hearing on his case, Harrelson said
he was prepared to stand trial to continue his fight.

Defense attorney Charles Beal said Harrelson holds strong convictions about
the environmental and economic benefits of hemp.

"I suspect we'll end up going to trial," Beal said.

Prosecutor Tom Jones did not immediately return a phone call seeking
comment.

Harrelson has invested in a hemp clothing company, and he touts hemp's
potential for saving America's last old-growth trees. He has argued that if
paper manufacturers used hemp instead of trees to make paper, there would be
no need to cut down the nation's forests.

Kentucky is an ideal battleground for hemp advocates because hemp was once
one of the state's leading crops. In the 1800s it was used to make rope and
sails, but anti-drug laws, the availability of other fibers and the
Marijuana Tax Act of 1937 wiped out production in the United States.
However, some farmers did grow hemp during World War II under federal
license.
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