The lawsuit contends the DEA is unfairly blocking applications for federal permits to grow industrial hemp on the mistaken premise that it is the same plant as marijuana.

Growers Wayne Hague and Dave Monson argue that assumption is incorrect since industrial hemp contains only trace amounts of THC, the chemical that makes marijuana a recreational drug. They told CNN hemp is a viable cash crop for farmers since it has a number of industrial uses.

The DEA contends it is only following federal law, and cannot make exceptions without legislation from Congress. The law currently lumps industrial hemp and marijuana together, and some narcotics officials say inspecting hemp fields in order to make sure no marijuana is being grown would be a tremendous drain on resources.

A hearing on the suit will be held in federal court Nov. 14.