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<\/center><\/p>\nA new bill before Congress could remove the last barriers to hemp<\/a> growing in the United States, but only if legislators remove harmful provisions that prevent it from being a complete solution to hemp\u2019s legal<\/a> troubles.<\/p>\n In 2014, new legislation once again allowed the states to grow hemp for research purposes after decades of prohibition. Unfortunately, that law still leaves room for government agencies to threaten hemp growers and vendors, and falls far short of total legalization.<\/p>\n Industry advocates have spent years lobbying Congress for a bill which would completely legalize industrial hemp and remove it from Drug Enforcement Agency oversight and interference. Though deeply flawed In its current form, there\u2019s hope that the Industrial Hemp Farming Act<\/a>, currently making its way through Congress, could be an important step in that direction.<\/p>\n \u201cI\u2019m confident as this goes through different committees, through the House and the Senate, that it can get shaken out the right way,\u201d said John Ryan, founder of Ananda Hemp<\/a>, which grows hundreds of acres of hemp for CBD<\/a>\u00a0and other uses in Kentucky.<\/p>\n To understand the potential of the Industrial Hemp Farming Act, we talked to Ryan and other hemp industry professionals who hope this bill marks a major step toward total legalization of hemp. In this article we\u2019ll explain why legislative change is so important to hemp\u2019s future.<\/p>\n <\/center>Popular Mechanics<\/a>\u00a0predicted in 1938 that hemp would soon become a \u201cbillion dollar crop,\u201d but that promise was snuffed out by drug prohibition, which made hemp growing illegal except for a brief period during World War II<\/a>.<\/p>\n Hemp growing restarted in the U.S. in the wake of the 2014 Farm Bill, which legalized hemp growing for research purposes. Research was broadly defined to include market research — in other words, sales of hemp-based products as well as research into simply growing and processing the plant.<\/p>\n Under this 2014 law, each state was allowed to determine the size and form of these hemp research programs. Further underlining the legality of the hemp grown by these research initiatives, the 2015 and 2016 Appropriations Acts (Congressional spending bills) specifically forbade the Federal government from spending any resources on going after these hemp growers under the laws that normally apply to hemp (and all forms of cannabis) under the War On Drugs.<\/p>\n Currently, according to the pro-hemp lobbyists at Vote Hemp<\/a>, 33 states have hemp growing programs under the protections provided by the 2014 Farm Bill. However, the current situation limits hemp\u2019s potential as a cash crop.<\/p>\n \u201cThere\u2019s still some real barriers to investment, barriers to a number of other things with the way the hemp market is right now,\u201d explained Eric Steenstra, President of Vote Hemp.<\/p>\n The DEA continues to interfere with hemp and especially with CBD oil extracts<\/a>, insisting that they are illegal under the Controlled Substances Act. Hemp experts disagree with the DEA<\/a>\u00a0and have launched a lawsuit. Although CBD consumers have been safe from legal problems so far, CBD vendors have faced legal threats and even occasional police raids. In one recent instance, Indiana state police raided a grocery store selling CBD oil<\/a>, only to be forced to backtrack and admit that they didn\u2019t have the right to seize the store\u2019s extracts.<\/p>\n Additionally, the right to grow hemp hasn\u2019t been equally distributed to everyone under current laws. Native Americans have faced DEA raids\u00a0and legal threats, with the government arguing that the 2014 Farm Bill only applies to states, not tribal nations.<\/p>\n The Industrial Hemp Farming Act of 2017 would separate industrial hemp from psychoactive cannabis, officially removing the agricultural crop from classification as an illegal drug under the Controlled Substances Act. State agriculture departments would largely be free to regulate hemp just like they do potatoes, wheat, or any other crop. Based on conversations between Native Americans and lawmakers, tribal nations are now also explicitly included in hemp legalization.<\/p>\n With the Industrial Hemp Act, State agriculture departments would largely be free to regulate hemp just like they do potatoes, wheat, or any other crop.<\/p><\/blockquote>\n As we previously reported on Ministry of Hemp, while hemp has bipartisan support with politicians from across the United States, support for hemp is especially strong in tobacco country<\/a>. So it\u2019s no surprise that the 2017 hemp bill was introduced by Kentucky Republican Rep. James Comer, with support from Kentucky Reps. Thomas Massey and Andy Barr, also members of the GOP. In all, the bill has 16 cosponsors, including 9 Democrats and 7 Republicans.<\/p>\n Ryan succinctly described the bill\u2019s purpose: \u201cto get the DEA off the farm.\u201d He told us he\u2019s especially confident in the guidance of the Kentucky-based lawmakers, including the Representatives sponsoring the bill and their counterparts in the Senate, Rand Paul and Mitch McConnell, both of whom are also strong supporters of industrial hemp.<\/p>\n \u201cThese guys have been proven great stewards of this industry,\u201d he told Ministry of Hemp. \u201cAll the policies and regulations that are in place now that are protecting farmers across, it was these guys that really led the way.\u201d<\/p>\n They may have their work cut out for them. In return for allowing the bill to pass out of the House Judiciary Committee (a crucial step the bill must pass through before being, eventually, voted on by the entire House), Rep. Bob Goodlatte, the committee chair, required the addition of several provisions that seem to work in direct opposition to the bill\u2019s purpose.<\/p>\n The most disturbing provision would allow the DEA to make unannounced \u201cadministrative inspections\u201d anytime, anywhere hemp is growing.<\/p><\/blockquote>\n The most disturbing provision would allow the DEA to make unannounced \u201cadministrative inspections\u201d anytime, anywhere hemp is growing.\u00a0Steenstra explained that these inspections are usually reserved for pharmaceutical manufacturers and doctors or hospitals that deal in controlled substances like opiate drugs.<\/p>\n \u201cThat is a completely inappropriate provision that doesn\u2019t apply to an agricultural crop,\u201d he added.<\/p>\n Another amendment specifies that the Industrial Hemp Farming Act, if signed into law, would still be superseded by the Federal Food, Drug, and Cosmetic Act. CBD vendors worry that this seemingly innocuous provision is actually an attempt to influence a legal conflict between the CBD oil industry and the Food and Drug Administration<\/a>\u00a0in favor of the government agency.<\/p>\n Under current laws, hemp-based products (including CBD extracts) can\u2019t be sold if they contain more than .3 percent THC, the active ingredient in psychoactive cannabis which makes people feel \u201chigh.\u201d A final troubling provision could cause CBD oil makers to face legal consequences if THC levels accidentally rose above .3 percent during extraction, even if they disposed of the results without attempting to sell them.<\/p>\n \u201cThe law is you can\u2019t sell a product with more than 3 tenths of a percent THC and we\u2019re fine with that,\u201d Steenstra said. \u201cIf it goes a little bit higher during processing that shouldn\u2019t be be an illegal activity.\u201d<\/p>\n In any case, with many stages to go before the Industrial Hemp Farming Act potentially becomes law, Ryan hopes these clauses will be corrected.<\/p>\n \u201cI don\u2019t have a crystal ball and I don\u2019t know DC politics, but I\u2019m feeling pretty confident that it\u2019ll get done the right way or not get done at all,\u201d Ryan said.<\/p>\n Currently, industrial hemp must have less than .3 percent THC to be legal. This cut-off is strictly enforced by the U.S. government, even compared to some other countries that use similar guidelines. For example, Steenstra told us that in Canada if a hemp crop has THC levels over .3 percent, a problem that growers refer to as \u201ctesting hot,\u201d the government makes a note of it and may ask farmers to plant different varieties of hemp if the problem keeps occurring. By contrast, in the U.S., if a crop tests hot then the entire crop has to be burned. In April, agriculture officials in Kentucky burned $20,000 of hot hemp<\/a>\u00a0 even though it tested at just .4 percent THC.<\/p>\n \u201cThis kind of thing is a little ridiculous,\u201d Steenstra said.<\/p>\n While it\u2019s useful to differentiate between industrial hemp and psychoactive cannabis<\/a>\u00a0(what people ingest to \u201cget high\u201d), the .3 percent cut-off is somewhat arbitrary, as even industry experts like Steenstra admit. Even 1 percent THC wouldn\u2019t easily get a person high; strains of cannabis ingested for their psychoactive potential typically contain far higher levels, with the average strain of legal cannabis in Colorado<\/a>\u00a0testing at around 18 percent or more.<\/p>\n In Canada if a hemp crop has THC levels over .3 percent, a problem that growers refer to as \u201ctesting hot,\u201d the government makes a note of it and may ask farmers to plant different varieties of hemp if the problem keeps occurring. By contrast, in the U.S., if a crop tests hot then the entire crop has to be burned.<\/p><\/blockquote>\n Under a provision of the Industrial Hemp Farming Act of 2017, hemp with THC levels above .3 percent, but no higher than .6 percent, could be used for research purposes though it would still be illegal to sell any products made from these crops.<\/p>\n \u201cIf we could get it up to 6 tenths of a percent it would provide some flexibility,\u201d Steenstra continued.<\/p>\n When we asked John Ryan about this clause, he\u00a0stressed that while it\u00a0could be useful he doesn\u2019t want to see the expansion of hemp research interfere with the overall legalization of industrial hemp. \u201cIf it gets put aside I don\u2019t think it\u2019s the end of the world,\u201d he told us.<\/p>\n Not every hemp grower we spoke with agreed about the Industrial Hemp Farming Act. Veronica Carpio, a grower and advocate who operates Grow Hemp Colorado<\/a>, opposes the bill not just because of problems like surprise DEA inspections of farms, but also because it excludes psychoactive cannabis. She pointed out that one historical factor in hemp prohibition was the threat it posed to the paper and textile industries<\/a>. She explained her viewpoint:<\/p>\n \u201cHemp started prohibition in the first place and I don\u2019t know anybody in prison for hemp charges or hemp possession or distribution. I know a lot of people in prison and lives ruined over marijuana. So for me, especially as a Colorado cannabis activist or business owner, I can\u2019t support any bill that separates the two.\u201d<\/p>\n But regardless of some disagreements over the details, Carpio agreed with Ryan and Steenstra that the Industrial Hemp Farming Act is a sign of meaningful progress toward legalization. \u201cThis is a good start but I don\u2019t think that this bill is the solution,\u201d she said.<\/p>\n \u201cWhether this bill gets passed or not this is a growing movement, this is an unstoppable movement,\u201d Ryan said. \u201cWe will get this stuff done whether it\u2019s this Comer-sponsored bill or not. This plant will be legalized.\u201d<\/p>\n Ryan told us that while hemp has the full support of Kentucky legislators, progress depends on the support of every lawmaker. That\u2019s where hemp enthusiasts like Ministry of Hemp\u2019s readers can help. Ryan suggested that you can reach out to your Senators and Representatives<\/a>\u00a0and urge them to support total legalization of hemp.<\/p>\n \u201cWhere the rubber meets the road is people in other states need to get on the phone with their representatives and try to drum up some support, or voice their concerns and their opinions and just be part of the movement overall.\u201d<\/p>\n <\/p>\nA BRIEF OVERVIEW OF THE STATE OF HEMP IN THE UNITED STATES OF AMERICA<\/h3>\n
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CAN THE 2017 INDUSTRIAL HEMP ACT \u2018GET THE DEA OFF THE FARM\u2019? NOT IN ITS CURRENT FORM<\/h3>\n
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<\/center><\/p>\nWHEN HEMP TESTS \u2018HOT\u2019: 2017 INDUSTRIAL HEMP FARMING ACT WOULD EXPAND HEMP RESEARCH<\/h3>\n
\u2018THIS IS AN UNSTOPPABLE MOVEMENT\u2019: HOW YOU CAN HELP LEGALIZE HEMP<\/h3>\n
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