Nation files lawsuit against Benally, alleging illegal hemp operation

Posted by Arlyssa Becenti | Jun 12, 2020 | News |

WINDOW ROCK

The Navajo Nation has filed a lawsuit against Dineh Benally for illegally growing, producing, manufacturing, transporting, licensing, and selling industrial hemp within the exterior boundaries of the Navajo Nation.

The lawsuit also names Native American Agriculture Co., and Navajo Gold Co.

The Nation also alleged that the defendants were unlawfully issuing land-use permits to foreign entities to grow and cultivate industrial hemp on the Nation, according to a news release from the Navajo Department of Justice.

The Nation filed a motion for a temporary restraining order and a request for a preliminary injunction in order to ensure that the defendants are prevented from continuing their unlawful operations.

“The Nation has received numerous complaints, tips, and warnings about these illegal activities happening on Navajo lands,” stated Attorney General Doreen McPaul. “It is unfortunate that in the middle of a global pandemic that has claimed too many of our relatives that the Nation is forced to take this action against one of our own, who seeks to enrich himself in blatant disregard for the laws of the Nation.”

Last week, Navajo Nation Police Chief Phillip Francisco and his officers sounded the alarm about Benally, saying they had received many inquiries and are investigating.

“We have complaints of growing of marijuana in the Shiprock area since last year,” said Francisco to the Times. “These have been connected to Dineh Benally where he is claiming he has a company called Navajo Gold and he has authorization to start producing hemp.”

Navajo Nation has only authorized New Mexico State University’s five-acre Hemp Pilot Project to operate within Navajo Agriculture Products Industry.

Although Shiprock Delegate and Law and Order Committee Chair Eugenia Charles-Newton said hemp is not illegal, the Navajo Nation Controlled Substance Definition Act of 2018 lowered the allowable level of THC to coincide with federal regulations from 1.4 percent to .3 percent.

“Hemp is not illegal on the Navajo Nation,” Charles-Newton responded to an email of questions sent to the speaker’s office by this reporter. “A revamp of Title 17 during the 23rd Navajo Nation Council decreased the THC level, and no regulations were put in place regarding hemp.

“Hemp production is happening up and down the San Juan River, not just in Shiprock,” she said. “Other farmers have taken up production of hemp.”

After learning about the lawsuit Francisco said this is a step into the right direction.

“This was very much needed,” said Francisco to the Times. “The unregulated and unchecked business of Dineh Benally basically going against the laws that have been established.”