Why the DEA Destroyed a Tribe’s Hemp Crop, and What Changed in U.S. Hemp Law

Why did the DEA destroy a Native American tribe’s hemp crop? In October 2015, federal agents seized about 30,000 plants from the Menominee Indian Tribe of Wisconsin, which said it was growing industrial hemp for research under the 2014 Farm Bill. The DEA said the plants were marijuana and that non-tribal members were involved. A federal judge later dismissed the tribe’s lawsuit because Wisconsin had not authorized hemp research. The 2018 Farm Bill then legalized hemp and gave tribes their own path to grow it.

Hemp and marijuana are the same plant species, Cannabis sativa, but hemp contains very little THC, the compound that causes a high, and is grown for fiber, seeds, and oil. For decades, U.S. law treated them alike, which made hemp farming effectively illegal. The Menominee raid became a flashpoint in the debate over tribal sovereignty, federal drug policy, and the economic promise of hemp for struggling rural communities. This article explains what happened, how hemp law changed afterward, what hemp seeds and CBD offer for health, and why hemp-derived THC products have drawn new federal restrictions.

What Happened on Menominee Land in 2015?

The Menominee Indian Tribe of Wisconsin, which has faced long-standing economic hardship on its reservation, passed a tribal ordinance in 2015 legalizing low-THC industrial hemp and partnered with the College of the Menominee Nation to grow it for research. The Associated Press reported that on October 23, 2015, DEA agents executed search warrants and seized what they described as about 30,000 marijuana plants. The DEA said its investigation found that people who were not tribal members had planted and tended the crop. According to a search warrant affidavit, Bureau of Indian Affairs field tests a day earlier had come back positive for marijuana. Tribal leaders said the raid disregarded their sovereignty and their effort to develop a legal crop, and noted they had agreed to destroy any plants testing above the legal THC limit. Tribal sovereignty was also central to the Standing Rock pipeline protests.

Why Did the Court Rule Against the Tribe?

The tribe sued the DEA and the Department of Justice in November 2015, asking a judge to declare that it had the right to grow hemp under the 2014 Farm Bill, which allowed hemp cultivation for research by universities and state agriculture departments in states whose laws permitted it. At a 2016 hearing, the judge called the raid heavy-handed, but the lawsuit was dismissed because Wisconsin had not authorized hemp research at the time, and the court found the exemption did not apply to a tribe located within the state. The tribe called the ruling a setback for its sovereignty and economic plans. The case highlighted how federal hemp law at the time left tribes dependent on the policies of the states surrounding them.

Was the Menominee Raid the First of Its Kind?

No. In the early 2000s, federal agents repeatedly destroyed hemp planted by Alex White Plume, an Oglala Lakota farmer on the Pine Ridge Reservation in South Dakota, after the Oglala Sioux Tribe legalized hemp cultivation under its own laws. A federal court later barred him from growing hemp, and his story was documented in the film Standing Silent Nation. In both cases, tribes viewed hemp as a legal agricultural crop and an economic opportunity, while federal authorities treated it as a controlled substance. These conflicts helped build support for the changes in the 2014 and 2018 Farm Bills, and the 2018 law’s explicit provision for tribal hemp plans was seen by many tribal leaders as a long-overdue recognition of their authority over agriculture on their lands.

How Did the 2018 Farm Bill Change Hemp Law?

It legalized hemp nationally. The Agriculture Improvement Act of 2018 defined hemp as cannabis with no more than 0.3 percent delta-9 THC by dry weight and removed it from the federal Controlled Substances Act, making it an agricultural commodity regulated mainly by the USDA. States and tribes can submit their own plans for regulating hemp production, giving tribes like the Menominee a direct path that does not depend on neighboring state law. Hemp acreage grew quickly after legalization, though prices later fell sharply as supply outpaced demand. Hemp is used for fiber, building materials, animal bedding, food products, and cannabinoid extracts such as CBD.

Are Hemp Seeds Good for You?

Yes, they are a nutritious food. A 2020 review in Nutrients by Barbara Farinon and colleagues described hemp seeds as rich in protein that contains all essential amino acids, healthy fats including omega-3 and omega-6 fatty acids in a favorable ratio, fiber (especially in whole seeds), vitamin E, and minerals such as magnesium, phosphorus, and zinc. Hulled hemp seeds, often sold as hemp hearts, can be sprinkled on cereal, salads, and yogurt or blended into smoothies. Hemp seeds contain little or no THC when properly cleaned, and eating them does not cause a high, although very large amounts of poorly cleaned products have rarely caused positive drug tests. The review noted that many proposed health benefits come from animal studies and need confirmation in people.

What Does Research Show About CBD?

CBD, or cannabidiol, is a non-intoxicating compound from cannabis. A purified prescription form is FDA-approved for certain severe seizure disorders. A 2017 trial in The New England Journal of Medicine by Orrin Devinsky and colleagues randomized 120 children and young adults with Dravet syndrome, a rare epilepsy, to cannabidiol or placebo. Monthly convulsive seizures fell from a median of 12.4 to 5.9 with cannabidiol, compared with 14.9 to 14.1 with placebo, though side effects such as diarrhea, sleepiness, and abnormal liver tests were more common. Evidence for most other uses of CBD, such as anxiety, sleep, or pain, is limited. Our article on cannabis and cancer pain reviews related research on cannabinoids.

Can You Trust CBD Product Labels?

Often not. A 2017 study in JAMA by Marcel Bonn-Miller and colleagues tested 84 CBD products sold online from 31 companies. Only about 31 percent were accurately labeled for CBD content; about 43 percent contained more CBD than labeled and about 26 percent contained less. THC was detected in 18 products, about 21 percent, at levels that could produce intoxication or a positive drug test in some cases, particularly in children. Because most CBD products are not FDA-approved, quality depends on the manufacturer. Choosing products with batch-specific third-party lab certificates helps, and anyone who must avoid THC, such as people subject to drug testing, should be cautious.

Is CBD Safe for the Liver?

At high doses, CBD can raise liver enzymes. A 2021 phase 1 trial in Clinical Pharmacology & Therapeutics by Paul Watkins and colleagues gave 16 healthy adults 1,500 milligrams of CBD a day, a therapeutic dose, for about three and a half weeks. Seven participants, 44 percent, developed peak liver enzyme levels above the normal range, and several met criteria for possible drug-induced liver injury, though levels returned toward normal after stopping. Most consumer CBD products contain much smaller doses, but the findings support caution for people who take CBD regularly at high doses, drink alcohol heavily, have liver disease, or take medicines processed by the liver. CBD can also interact with blood thinners and seizure drugs.

Can Hemp and CBD Products Be Contaminated?

Yes. Cannabis plants readily absorb heavy metals such as lead and cadmium from soil, and products can also contain pesticide residues, molds, and bacteria if not grown and processed carefully. A 2018 systematic review in the British Journal of Clinical Pharmacology by Laura Dryburgh and colleagues identified microbes, heavy metals, and pesticides as the most common cannabis contaminants and noted gaps in understanding their health effects, especially for inhaled products. Quality varies widely between manufacturers. Buying from companies that publish batch-specific laboratory results covering potency and contaminants reduces these risks.

What Is the Hemp THC Loophole?

The 2018 law measured only delta-9 THC concentration by dry weight. Companies soon began converting hemp-derived CBD into other intoxicating compounds, such as delta-8 THC, or selling high-THCA hemp flower and edibles with substantial THC per package while staying under the 0.3 percent threshold by weight. These products spread through gas stations, convenience stores, and online shops, often without age checks, potency limits, or consistent testing. Poison centers reported increasing exposures, including among young children who ate gummies or other edibles. A 2025 study in Injury Epidemiology by Garay and colleagues analyzed delta-8 THC ingestions in children under 6 reported to U.S. poison centers and found that doses above about 1.7 milligrams per kilogram of body weight were associated with severe or prolonged toxicity, similar to findings for regular THC, while noting inconsistent product labeling.

What Changes Are Scheduled for November 2026?

In November 2025, Congress included a new federal definition of hemp in a spending bill signed into law. According to Minnesota’s Office of Cannabis Management, the change effectively bans hemp products containing more than 0.4 milligrams of total THC per package and is scheduled to take effect on November 12, 2026, unless other federal action occurs. The new definition counts total THC, including THCA and other forms, rather than only delta-9 THC. Industry groups have pushed to delay or modify the change, and proposals to do so have been introduced, while supporters argue it protects children and closes a loophole. Readers should check current federal and state rules, which may change.

How Does Hemp Fit Into Tribal Economic Development?

Many tribal nations have explored hemp and, in some states, cannabis as sources of jobs and revenue on reservations with high unemployment. Since the 2018 Farm Bill, dozens of tribes have had hemp production plans approved by the USDA, regulating cultivation on their own lands. Results have varied: hemp markets proved volatile, with prices falling after an early boom, and infrastructure for processing fiber and seed is still limited in many regions. The Menominee case remains a reference point in discussions of tribal sovereignty, illustrating how federal and state laws can constrain tribes’ economic choices even on their own land.

What Is the Difference Between Hemp and Marijuana?

Legally and chemically, the difference is mainly THC content. Both are Cannabis sativa, but hemp varieties are bred to produce very little THC and are often grown densely for fiber or seed, while marijuana varieties are bred for flowers rich in THC. Because the plants can look similar, field tests and laboratory testing are needed to tell them apart, which is part of what made the Menominee case contentious. Cross-pollination between hemp and high-THC cannabis can raise THC levels in hemp crops, and environmental stress can push some hemp plants above legal limits, a problem known as “hot” hemp that farmers must destroy under federal rules.

How Do Common Hemp Products Compare?

Product	What it is	Key considerations
Hemp seeds and hearts	Edible seeds rich in protein and healthy fats	Nutritious; no high
Hemp seed oil	Oil pressed from seeds	Contains little or no CBD; used in food and cosmetics
CBD oils and gummies	Extracts from hemp flowers and leaves	Label accuracy varies; may contain THC
Prescription cannabidiol	Purified, FDA-approved CBD	For specific seizure disorders; liver monitoring
Delta-8 THC and THCA products	Intoxicating hemp-derived cannabinoids	Child poisonings; new federal limits scheduled

Can Hemp Products Cause a Positive Drug Test?

They can. Hemp seeds and hemp seed oil sold as food are cleaned to remove THC-containing residue, and normal amounts are unlikely to cause a positive test, though it is not impossible with poorly processed products. CBD products are a greater risk: because many contain undisclosed THC, regular use has led to positive drug tests for some people, including athletes and workers subject to testing. Delta-8 THC and other intoxicating hemp products will typically trigger positive tests. People who face drug testing should avoid CBD products unless they are verified THC-free by a reliable third-party laboratory, and even then some risk remains.

Is Hemp an Environmentally Friendly Crop?

It has some advantages. Hemp grows quickly, can be used for many products, and fiber varieties can be grown without heavy pesticide use in some regions. Its deep roots may help soil structure, and hemp fiber can replace some cotton or synthetic materials. However, hemp still needs fertile soil, nutrients, and water, and environmental benefits depend on how it is grown and processed. Claims that hemp can solve major environmental problems are often overstated, but it is a useful crop in diversified farming systems.

Common Myths

“Hemp and marijuana are the same thing.” They are the same species but differ in THC content and legal status.

“Eating hemp seeds gets you high.” Properly cleaned seeds contain little or no THC.

“CBD labels are reliable.” Testing found most online CBD products mislabeled, and some contained THC.

“The Menominee tribe won its case.” The lawsuit was dismissed; the law changed later in 2018.

“All hemp products will be banned in November 2026.” The scheduled change targets products with more than 0.4 milligrams of THC per package; seeds, fiber, and non-intoxicating products are largely unaffected.

Key Terms

Industrial hemp: Cannabis grown for fiber, seed, or oil with no more than 0.3 percent THC.

THC: Tetrahydrocannabinol, the main intoxicating compound in cannabis.

CBD: Cannabidiol, a non-intoxicating cannabis compound.

Delta-8 THC: An intoxicating THC variant often made from hemp-derived CBD.

Tribal sovereignty: The inherent authority of tribal nations to govern themselves.

The Bottom Line

In 2015, federal agents seized about 30,000 plants from the Menominee Tribe, which said it was growing industrial hemp for research, while the DEA said the crop was marijuana tended by non-members. A court dismissed the tribe’s lawsuit because Wisconsin had not authorized hemp research. The 2018 Farm Bill then legalized hemp and gave tribes their own regulatory path. Hemp seeds are nutritious, and a purified CBD drug helps rare seizure disorders, but many CBD products are mislabeled, and intoxicating hemp THC products have caused child poisonings and face new federal limits scheduled for November 2026.

Frequently Asked Questions

What happened to the Menominee tribe’s hemp crop?

In October 2015, DEA agents seized about 30,000 plants from the Menominee Indian Tribe of Wisconsin, which had legalized low-THC hemp and planted a research crop. The DEA said field tests showed marijuana and that non-tribal members tended the plants. The tribe sued, but a federal judge dismissed the case in 2016 because Wisconsin had not authorized hemp research.

Is hemp legal in the United States?

Yes. The 2018 Farm Bill legalized hemp with no more than 0.3 percent delta-9 THC and removed it from the Controlled Substances Act. Production is regulated by the USDA, states, and tribes. A newer federal definition, scheduled to take effect November 12, 2026, restricts hemp products with more than 0.4 milligrams of total THC per package.

Are hemp seeds healthy?

Yes. Hemp seeds provide complete protein, omega-3 and omega-6 fats, fiber, vitamin E, and minerals such as magnesium and zinc. They do not cause a high. Many proposed health benefits beyond basic nutrition come from animal studies and need confirmation in people.

Does CBD work?

A purified prescription CBD is FDA-approved for certain severe seizure disorders; in one trial, it cut monthly convulsive seizures in Dravet syndrome from a median of 12.4 to 5.9. Evidence for other uses, such as anxiety or sleep, is limited, and many over-the-counter CBD products are mislabeled.

What is delta-8 THC?

Delta-8 THC is an intoxicating cannabinoid usually made by chemically converting hemp-derived CBD. It became widely sold through a loophole in the 2018 hemp law and has been linked to poison center calls, including in young children. New federal hemp limits scheduled for November 2026 would restrict most such products.

References

1. Farinon B, Molinari R, Costantini L, et al. The seed of industrial hemp (Cannabis sativa L.): nutritional quality and potential functionality for human health and nutrition. Nutrients. 2020;12(7):1935. PMID 32610691
2. Devinsky O, Cross JH, Laux L, et al. Trial of cannabidiol for drug-resistant seizures in the Dravet syndrome. New England Journal of Medicine. 2017;376(21):2011–2020. PMID 28538134
3. Bonn-Miller MO, Loflin MJE, Thomas BF, et al. Labeling accuracy of cannabidiol extracts sold online. JAMA. 2017;318(17):1708–1709. PMID 29114823
4. Watkins PB, Church RJ, Li J, et al. Cannabidiol and abnormal liver chemistries in healthy adults: results of a phase I clinical trial. Clinical Pharmacology & Therapeutics. 2021;109(5):1224–1231. PMID 33022751
5. Dryburgh LM, Bolan NS, Grof CPL, et al. Cannabis contaminants: sources, distribution, human toxicity and pharmacologic effects. British Journal of Clinical Pharmacology. 2018;84(11):2468–2476. PMID 29953631
6. Garay RS, Hays HL, Badeti J, et al. Investigation of the toxic dose of ingested delta-8 tetrahydrocannabinol among young children. Injury Epidemiology. 2025;12(1):63. PMID 41029884
7. Associated Press via Fox 9. DEA raids tribal land to destroy pot; tribe says it was hemp. October 23, 2015. fox9.com
8. NBC 26. Menominee Indian Tribe’s lawsuit against the DEA dismissed. 2016. nbc26.com
9. Minnesota Office of Cannabis Management. Federal hemp changes. mn.gov

Last updated: October 10, 2026