Woody Harrelson's hemp case appealed
to the Kentucky Supreme Court

Frankfort, KY - The Kentucky Supreme Court has received an appeal from Commonwealth Attorney Tom Jones asking for discretionary review from the Court of Appeal's ruling on Woody Harrelson's constitutional challenge of Kentucky's hemp laws. The Supreme Court now decides whether it will review the case or not. If granted review, there are several questions of law which will be considered.
The Court of Appeal ruled the District Court's order was not a "final" order and therefore not appealable. If the Supreme Court concurs the case returns to District Court.
The Supreme Court has been asked to decide whether sufficient evidence was heard to overcome the presumption of constitutionality. The Commonwealth Attorney stated there was conflicting testimony on hemp's economic viability, that Harrelson didn't "produce evidence contradicting the paralysis legalization of hemp would inflict upon law enforcement" and that "hemp would paralyze law enforcement officials from enforcing marijuana laws." The Commonwealth states Kentucky law gives "legislature broad discretion to determine what is harmful to health and morals or what is inimical to public welfare."
Also asked to be consider is whether the district judged err in finding hemp was of viable economic benefit and whether the judged err in finding that the prosecutor failed to show a rational basis for including hemp in the definition of marijuana.
If review is denied, Harrelson's case returns to District Court where a trial will be held.

Contact: Hon. Burl McCoy & Hon. Charles Beal (606) 254-6363

Supreme Court action No. 97-CA-001887