House Panel Passed Industrial Hemp Bill

Posted February 2, 2015

A House panel passed legislation that would allow industrial hemp to be grown in Virginia, according to a Richmond Times Dispatch article available here. Go Dan River also published an article available here and WVTF here.

“If you look at the potential economic advantages that industrial hemp would provide for the state, particularly the Southside and the Southwest, it could be an economic boon in terms of the amount of research we could do on it,” said Del. Joseph R. Yost, R-Giles, the measure’s sponsor.

House Bill 1277, which passed by a 13-7 vote, would direct the state Department of Agriculture and Consumer Services to establish an industrial hemp research program and relevant regulations in the commonwealth.

Last year, the Farm Bill allowed universities and state Departments of Agriculture to grow hemp for research purposes, according to Go Dan River.

“One acre of industrial hemp produces the same amount of paper pulp that 4 acres of forest does. Industrial hemp production would create jobs and economic development, particularly in rural areas in Virginia. Should federal regulations allow for commercial production in the future, this bill would ensure that we are ready to move forward in Virginia,” said Yost.

Bryan Porter, commonwealth’s attorney in Alexandria, said the Virginia Association of Commonwealth’s Attorneys does not oppose the aims of the bill but is concerned with its impact on law enforcement agencies, according to Richmond Times Dispatch.

“The way industrial hemp is designed in the bill, it refers to a particular level of THC and says that anyone who is a licensed grower and possesses industrial hemp cannot be prosecuted for the possession of marijuana,” said Porter.

“Prosecutors are concerned that this might have an effect on the backdoor unintended consequence of legalizing marijuana.”

Tetrahydrocannabinol, commonly referred to as THC, is the psychoactive component of marijuana and hemp. Under federal law, industrial hemp in the U.S. cannot contain a THC amount higher than 0.3 percent. The average THC concentration in recreational marijuana for is 5 percent or higher.

“You don’t get high from industrial hemp,” said Yost.

Jim Politus is a former farmer and member of the Montgomery County Board of Supervisors, according to WVTF.

“When you compare hemp to cotton you have about 2 and a-half times the yield, half the water needs, no pesticides, so that will help areas like Danville,” said Politus.

The bill is sponsored by Pearisburg delegate Joseph Yost, and if passed, would allow hemp research by State Universities such as Virginia Tech and Virginia State University possibly by 2016.

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center's website here.

Legislation Signed to Grow Industrial Hemp in NY

Posted December 22, 2014

New York Gov. Andrew Cuomo signed legislation to grow and research industrial hemp, according to a Press & Sun-Bulletin article available here. The Courier Journal also published an article available here and Providence Journal here.

Assemblywoman Donna Lupardo and Sen. Tom O’Mara introduced the bill, and it “creates an agricultural pilot program to study ways to cultivate and manufacture products with the multi-use crop.”

Colleges and universities such as Cornell, Binghamton University, and Paul Smith’s College, have expressed interest in participating in the research program.

The Farm Bill allowed states to conduct hemp pilot programs through their agriculture departments and universities, according to The Courier Journal.

The "amendment language confirms the legitimacy of the pilot programs," Comer spokeswoman Kristen Branscum. "It also safeguards our hemp pilot program from contradictory federal regulations that will impede the progress we've made…without fear of federal government overreach."

American Seed & Oil Company, subsidiary of Algae International Group, expressed their excitement about the industrial hemp cultivation in New York, according to Providence Journal.

"We are thrilled that American Seed & Oil's investment in New York has paid off as a result of the passage of the industrial hemp bill in New York," said Steven Rash, CEO of American Seed & Oil. "We are optimistic that this progress in New York will bode well for American Seed & Oil's national marketing strategy to introduce Medical Marijuana type strains of CBD oil from hemp into all fifty states."

A 2014 Congressional Research Service report estimated the value of hemp imports at $37 million, according to Press & Sun-Bulletin.

“This is an exciting first step for this crop,” Lupardo said. “This research will help guide our farmers and producers when the federal government allows full-scale production.”

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center's website here.

KY Hemp Seized, DEA Agrees to Expedite Permit

Posted May 14, 2014

The Kentucky Department of Agriculture was prepared to go to court to get 250 pounds of hemp seeds released to the state after they were seized by the Drug Enforcement Agency (DEA), but the DEA has now agreed to issue a permit by the end of the week, according to an article by the Lexington Herald-Leader available here.

The seeds, imported from Italy, were seized by the DEA and are being held at a UPS warehouse in Louisville, according to an article by WKMS available here.  The DEA argued that a special permit is needed from the agency, but KY Agriculture Commissioner James Comer disagreed.

“If you will look at the Farm Bill, it starts off saying ‘Not withstanding any other federal laws.’  In spite of these other federal laws, Congress intended that we still be allowed to do this,” said Holly VonLuerhte, chief of staff for Comer. 

“We’ve been told by agricultural experts if we don’t have this industrial hemp seed in the ground by June 1, then the likelihood is that it won’t come up,” said VonLuerhte.

The DEA has agreed to issue an import permit to the KY Agriculture Department by the end of the week and release the 250 pounds of Italian hemp seeds.

“It looks like we’ve won this round,” Comer said in a statement.  Comer’s office “had threatened to go to federal court Wednesday to seek an injunction to get the seeds.”  Now, it seems that won’t be necessary, said VonLuerhte. 

Kentucky will be the first state to cultivate hemp for research projects permitted under the 2014 Farm Bill passed in February.  Additional information on Kentucky’s pilot projects is available here.

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center's website here.

Kentucky Hemp Crop Ready for Planting

Posted May 7, 2014

Kentucky’s first legal hemp crop since the 1950s is ready to be planted this month, according to an article by the Southeastern Farm Press available here.

While Kentucky has already been on track for hemp production, passing Senate Bill 50 which exempts industrial hemp from the state controlled substances act, industrial hemp cultivation for research was recently allowed in the 2014 farm bill, signed into law on Feb. 7. 

Kentucky will begin several new pilot research projects around the state through the University of Kentucky, Murray State University, and University of Louisville.  The programs will study the cultivation of Kentucky Heirloom hemp seed, hemp fiber, bio-remediation, and renewable energy.

Agricultural Commissioner James Comer said he expects the first batch of hemp seeds to arrive soon at the state Agricultural Department, according to an article by the Courier-Journal available here.  “We’re rapidly approaching a crucial time for the seeds to be put in the ground,” he said. 

“Hopefully we can get enough seeds to have credible research data gathered by this fall,” said Comer.  “And next year, hopefully we’ll have enough seeds to have several processors in the state and several farmers under contract growing it.”

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center’s website here.

NY Bill Would Allow Industrial Hemp Cultivation

Posted April 24, 2014

New York could be the next state to approve industrial hemp cultivation under a new bill that would begin a research pilot program with state colleges and universities, and the state agriculture department, according to an article by Capital New York available here.

The bill, A8297-2013 was sponsored by Assemblywoman Donna Lupardo of Binghamton.   The companion bill is S5978-2013.

Hemp is a “variant of the cannabis plant that also produces marijuana, but has a far lower concentration of tetrahydrocannabinol.”  Lupardo said industrial hemp plants are “strictly an agricultural product with multiple uses, including as fiber, building material and as a food supplement.”

Industrial hemp cultivation for research was recently allowed through a provision of the recent U.S. farm bill, signed into law on Feb. 7, according to a WBNG article available here.

Cornell University’s College of Agriculture and Life Sciences is a potential candidate for the pilot program, if the bill is approved.

“Industrial hemp is an excellent candidate from a biomass standpoint, with high yield as well as multiple potential value-added users,” said Jerry Cherney, Professor of Agriculture at Cornell.  “Alternative markets allow farmers to minimize their risk and maximize profits.”

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center’s website here.

KY Ag Commissioner Announces Hemp Pilot Projects

Posted February 19, 2014

Kentucky agriculture commissioner, James Comer, recently announced five hemp pilot projects across the state, according to an Associated Press article available here.

The newly enacted federal farm bill allows state agriculture departments to create hemp-cultivation pilot projects for research in states that already allow the growing of hemp. 

Each pilot project “will be paid for by private contributions and will focus on different possibilities for hemp,” according to a USA Today article available here.  In Louisville, KY, the state’s Department of Agriculture will oversee hemp farming on an “as-yet-undetermined former industrial site to see whether the crop can help clean tainted soil.”

Chris Poynter, spokesman for Louisville Mayor Greg Fischer, “said hemp can help pull many contaminants out of the soil of former industrial sites, a valuable step toward potentially redeveloping so-called brownfields.”

Other projects include: a study of a “Kentucky heirloom hemp seed;” a project in conjunction with Murray State University to examine how European hemp seeds grow in Kentucky; a Central Kentucky pilot program with the University of Kentucky and Eastern Kentucky University, focused on production cost and machinery for planting, harvesting, and transportation; and a project through the University of Kentucky focusing on cultivating hemp for medical research.

For more information, a recent report on hemp as an agricultural commodity from the Congressional Research Service is available on the National Agricultural Law Center’s website here.  

Farm Bill Amendment May Allow Industrial Hemp Production

Posted January 24, 2014

An amendment to the farm bill may allow for industrial hemp production, according to an article by KY Forward available here.

An amendment in the House version of the bill, H.R. 2642, could make industrial hemp production legal.  Kentucky Congressman, Thomas Massie (R-KY) introduced the amendment along with Reps. Jared Polis (D-CO), and Earl Blumenauer (D-OR).  Massie said he feels confident the amendment will survive the farm bill negotiations between the House and Senate.

“We’ve got Sen. (Mitch) McConnell in the Senate and he’s been very supportive of industrial hemp for Kentucky, so I’m optimistic and hopeful that the compromised version of the bill we end up voting on will contain the hemp amendment,” said Massie.

Kentucky passed a hemp production law last year, but only in the event that the federal government allows it.  While the Department of Justice released a statement that states passing such regulation would be in charge of enforcing it, the statement did not assure Kentucky officials that hemp production would be lawful in the state.

The American Farm Bureau Federation recently passed a resolution urging the repeal of the classification of industrial hemp as a controlled substance, according to a Lexington Herald-Leader article available here.The effort was led by the Indiana Farm Bureau at the national group’s annual meeting last week.

In addition, U.S. Agriculture Secretary Tom Vilsack said he recently asked the U.S. Attorney General’s office to review the classification.

For more information on farm bills and a recent report on hemp as an agricultural commodity from the Congressional Research Service, please visit the National Agricultural Law Center’s website here and  here.  

Colorado Adopts Regulations for Hemp Farming

Posted January 17, 2014

The Colorado Department of Agriculture recently adopted the first industrial hemp rules for the state, according to an article by the Associated Press, available here.

The rules, available here, allow producers to begin registration with the department’s industrial hemp program on March 1.  The annual registration fee for commercial production of industrial hemp is $200, with an additional $1 per acre.  The annual registration fee for research and development will be $100, with an additional $5 per acre.

Industrial hemp production was made legal last year.  Amendment 64 to the Colorado Constitution directs the General Assembly to enact legislation governing the cultivation, processing, and sale of industrial hemp.  SB 12-241 called for the creation of a program in the Department of Agriculture to regulate the practice.  The new rules will be published as 8 CCR 1203-23.

For a recent report on hemp as an agricultural commodity from the Congressional Research Service, please visit the National Agricultural Law Center’s website, here.  

KY Ag Commissioner Hopes Farmers Plant Hemp in April

Posted September 18, 2013

Kentucky Agriculture Commissioner James Comer hopes Kentucky farmers plant hemp in April, saying that a recent announcement by the U.S. Department of Justice (DOJ) gives his state the “green light,” according to WTVQ article, available here. 

The Courier-Journal reports that the Kentucky Hemp Commission will seek revisions to the state’s new hemp law next year and will also seek input from the federal government.  The commission and Senator Rand Paul (R-KY) will send a letter to federal officials notifying them of Kentucky’s plan to begin regulating and growing the crop.  According to a BG Daily News article available here, the letter will allow the Justice Department to voice any objections before further action is taken.

Comer says that “while hemp won’t replace major crops such as tobacco,” it is “another tool for farmers” and also has the potential “as a source of manufacturing jobs as it is processed.”

Major Anthony Terry of the Kentucky State Police said he did not vote and “would like clarification on the DOJ memo before any changes are made to Kentucky’s approach to hemp.”

Kentucky Senate Bill 50, now a law, sets up a regulatory framework for growing hemp.  Hemp is “related to marijuana; both contain the chemical that gives marijuana users a high – tetrahydrocannabinol, or THC --” but there are only trace amounts of the chemical in hemp.

For more information on Kentucky’s efforts to produce hemp, a recent post from this blog is available here. 

Study Shows Possible Profit from Hemp Production in Kentucky

Posted August 27, 2013

The University of Kentucky recently released a study on the economic feasibility of hemp.  The study, available here, concludes that the currently illegal crop could be a profitable option for farmers in areas like Central Kentucky and that it is likely to produce few jobs, according to Gregory A. Hall of the Courier Journal. 

According to the Courier-Journal article, available here, the study was undertaken as Kentucky legislators considered Senate Bill 50, now a law which provides a regulatory framework for hemp production if the federal government were to legalize it.  The study “offers a more sober picture of hemp’s prospects and raises a number of questions that can’t be answered yet because the crop can’t be grown legally.”

Leigh Maynard, chair of UK’s agricultural economics department and a co-author of the study said that the authors did not want to portray the study as a negative outcome, but wanted “people to be aware that there is a lot of learning curve that both the producers and the processors would need to climb, and nothing is going to happen overnight in terms of a market springing full fledged out of nothing.”  Agricultural Commissioner James Corner said he is optimistic, saying, “It’s hard to measure an industry which doesn’t exist.” 

According to the study, hemp would most likely be a niche crop, profitable for its seeds when processed into oil for food, fuel, paint, and personal care products.  The study also questions how many farmers would choose to grow hemp, given that crop insurance, a federally subsidized safety net available for traditional row crops, is not available for hemp.

Of course, industrial hemp production is not possible without removing federal restrictions for growing the crop.  In February, Sen. Rand Paul (R-KY), Sen. Mitch McConnell (R-KY), Sen. Ron Wyden (D-OR), and Sen. Jeff Merkley (D-OR), introduced legislation to allow the cultivation of industrial hemp in the United States, according to a press release from Sen. Paul’s office, available here.  The Industrial Hemp Farming Act of 2013 would “remove hemp from the Schedule I controlled substance list under the Controlled Substances Act of 1970, and would define it as a non-drug so long as it contained less than 0.3 percent tetrahydrocannabinol (THC).”  The text of the Senate bill, S.359, is available here.  A companion bill introduced in the House by Rep. Thomas Massie (R-KY) and 46 other co-sponsors, H.R. 525, is available here. 

For a recent report on hemp as an agricultural commodity from the Congressional Research Service, please visit the National Agricultural Law Center’s website, here. 

Hemp Week and Lawsuits

You may not have realized it, but this week is "Hemp History Week," which is a project of the hemp industry and nonprofit organizations to not only raise awareness about hemp as an industrial fiber and its other uses, but also to advocate for hemp companies, researchers, farmers, and a change in federal hemp policies.

Two North Dakotans are tired of waiting on the federal government to come around on hemp farming, so they are pushing the issue and their desire to grow hemp themselves. On Tuesday, May 18, 2010 farmer Wayne Hauge and North Dakota Speaker of the House David Monson "filed a legal action against the Drug Enforcement Administration (DEA) in the U.S. Court of Appeals for the District of Columbia Circuit[,]" according to a news release found on PRNewswire online.

Both Hauge and Monson have received state licenses under the North Dakota industrial hemp program to grow non-drug industrial hemp for the past four growing seasons. The problem for the farmers is that the DEA has delayed approval of the farmers' federal applications for over three years.

According to the news release, for more than a decade North Dakotans have been trying to put in place a licensing program to allow farmers to grow non-drug industrial hemp. The state doesn't require federal permission to grow the crop, but farmers would put themselves at risk of being raided by the DEA and forfeiture of their farms without such permission. This is why Hauge and Monson have sought federal approval.

Monson is quoted in the news release as stating, "'[i]n this time of economic hardship, American farmers should not be hamstrung by an irrational and counterproductive federal policy that preempts legitimate and rational state prerogatives to grow non-drug industrial hemp."'

Eric Steenstra, president of Vote Hemp, a hemp farming advocacy group, says a successful lawsuit would require "'the DEA to implement reasonable and timely procedures for granting licenses for the cultivation of industrial hemp[.]"'

To read the news release on PRNewswire online, click here.
To read the Petition for Review, click here.
To learn more about Hemp History Week, click here.

Posted: 05/19/10