RECENT LEGISLATION
Agricultural Act of 2014
The 113th U.S. Congress passed the Agricultural Act of 2014 (2014 Farm Bill), which in Section 7606 provides states’ whose laws allow industrial hemp growth, and institutions of higher education within those states, the ability to create agricultural pilot programs “to study the growth, cultivation, and marketing of industrial hemp.”(34) According to the National Conference of State Legislatures 22 states have enacted laws either establishing commercial industrial hemp programs or creating agricultural research pilot programs in response to the 2014 Farm Bill. (35) As of January 2015 there are an additional 8 states with proposed legislature relating to the research or commercial industry of industrial hemp. However, industrial hemp is still considered a controlled substance and some states still require growers obtain a DEA permit to grow hemp under the 2014 Farm Bill provisions. (35) |
Industrial Hemp Farming Act of 2015
The Industrial Hemp Farming Act of 2015 is a bipartisan bill introduced on January 8, 2015 by Oregon senator Ron Wyden (D). This bill is cosponsored by senators' Jeff Merkley (D-OR), Cory Gardner (R-CO), Steve Daines (R-MT), Al Franken (D-MN), as well as Senate Majority Leader Mitch McConnell (R-KY) and 2016 Presidential candidate Rand Paul (R-KY). A summary of the bill (available at www.congress.gov) is as follows:
Amends the Controlled Substances Act to exclude industrial hemp from the definition of "marihuana." Defines "industrial hemp" to mean the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-nine tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Deems Cannabis sativa L. to meet that concentration limit if a person grows or processes it for purposes of making industrial hemp in accordance with state law, unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition.
From the language in the proposed bill and the states' positive response to the 2014 Farm Bill, it is evident that the state and federal political situation regarding hemp supports decriminalization. Yet the Industrial Hemp Farming Act of 2015 is not yet a law, and every voice in the discussion of industrial hemp matters. In order to find out how make your voice heard visit the HEMP NOW page.
The Industrial Hemp Farming Act of 2015 is a bipartisan bill introduced on January 8, 2015 by Oregon senator Ron Wyden (D). This bill is cosponsored by senators' Jeff Merkley (D-OR), Cory Gardner (R-CO), Steve Daines (R-MT), Al Franken (D-MN), as well as Senate Majority Leader Mitch McConnell (R-KY) and 2016 Presidential candidate Rand Paul (R-KY). A summary of the bill (available at www.congress.gov) is as follows:
Amends the Controlled Substances Act to exclude industrial hemp from the definition of "marihuana." Defines "industrial hemp" to mean the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-nine tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Deems Cannabis sativa L. to meet that concentration limit if a person grows or processes it for purposes of making industrial hemp in accordance with state law, unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition.
From the language in the proposed bill and the states' positive response to the 2014 Farm Bill, it is evident that the state and federal political situation regarding hemp supports decriminalization. Yet the Industrial Hemp Farming Act of 2015 is not yet a law, and every voice in the discussion of industrial hemp matters. In order to find out how make your voice heard visit the HEMP NOW page.
CANADA'S INDUSTRIAL HEMP INDUSTRY: A MODEL FOR THE U.S.
Throughout the world industrial hemp is recognized as a sustainable resource with more than 30 industrialized nations (see Hemp Around the World) currently growing and/or producing hemp products. Canada is the closest of which as it shares America's northern border, weather patterns, and general climate. Because of the geographic, climatic, and social similarities between the US and Canada, the Canadian hemp industry could rightfully serve as a model for American hemp regulation, legislation, and expectations as an agricultural/commercial commodity.
Regulation: In 1998 Canada lifted a 60-year ban on growing industrial hemp with the Industrial Hemp Regulations (IHR) wherein hemp was removed from Canada’s Controlled Drugs and Substance Act and the following regulations were put in place.
- Within the IHR industrial hemp is defined as “the plants and plant parts of the genera Cannabis, the leaves and flowering heads of which do not contain more than 0.3% THC,” (36)
- Requires that all varieties of plants and seeds that are imported and exported adhere to definition, while products derived from industrial hemp must contain no more than 10 parts per million THC residue. (36)
- Farmers and plant breeders who wish to grow industrial hemp must complete an application process in order to obtain the necessary license; harsh legal penalties are in place for growing without a license. (36)
Expectations: Health Canada, a department of the Canadian government, has compiled statistical information through 2007 on industrial hemp imports and exports, and hectares licensed for growth, a complete collection of the most recent data can be found here: Agriculture and Agri-food Canada.(37) A few key statistics are listed below.
- Rapid growth in export totals with 17 tons in 1998 valued at 74,949 dollars Canadian (Cdn$) to 876 tons in 2007 at 3,454,149 Cdn$
- Though accurate, up to date trade statistics for industrial hemp are not readily available, all indications maintain the US has been the primary importer of Canadian industrial hemp at an estimated value of $11.5 million in 2011
The Canadian industrial hemp industry is one example of many illustrating hemp’s viability as an agricultural commodity and a comprehensive, responsible system for regulating the growth and production of industrial hemp.