Khat case may hinge on definition of drug
A year after federal agents arrested nearly a dozen Somali men in the Twin Cities in connection with an alleged international drug smuggling ring, four defendants on trial in New York have an unusual defense: The substances in question aren't drugs.
The men are charged with smuggling 25 tons of a leafy plant called khat into the United States and profiting from its sale. But defense attorneys are arguing that the men can't be charged with drug smuggling, because there was no "drug" in the khat plants by the time they reached the United States.
And while importing khat plants that lack potency might violate U.S. agriculture rules, it isn't drug dealing, defense lawyers argue. The government, however, holds that khat contains enough stimulant to be considered illegal.
The trial, which started last week in a New York federal court, is being closely watched by Minnesota's Somali community, the largest in the United States. Last July, federal agents swept through Minnesota, Washington, New York and several other states, arresting 44 people. Three of the four defendants on trial are from Minnesota.
"This case will set a legal precedent on the issue ... and people are concerned," said Omar Jamal of the Somali Justice Advocacy Center in St. Paul. "People are calling each other, calling people in New York, and asking, 'How is it going?' " said Jamal, the center's executive director. "This is a classic clash between two cultures," he said. "People don't understand why the government is making such a big deal out of this. [Khat] is legal in England, Germany and other countries."
This isn't England, and this isn't Germany. This is the United States, and you live by our laws. If the Somali community doesn't like it, they can go elsewhere to live where their drugs are legal.
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