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  • by Paul Armentano, NORML Deputy Director June 8, 2018

    United States Senate Majority Leader Mitch McConnell (R-KY) today announced that he has secured provisions in the 2018 Farm Bill to further expand and facilitate state-regulated hemp production.

    In a press release, McConnell acknowledged that provisions in S. 2667: The Hemp Farming Act of 2018 have now been incorporated into the Senate’s version of The Farm Bill (aka The Agriculture Improvement Act of 2018) — must-pass legislation that is approved by Congress every five years. Members of the Senate Agriculture Committee will consider the legislation on Wednesday, June 13.

    Senate Bill 2667 expands upon provisions (Section 7606) in the 2014 version of the Farm Bill that permit states to establish hemp research and cultivation programs absent federal approval. A majority of states have now enacted legislation to permit such programs.

    In 2017, state-licensed producers grew over 39,000 acres of hemp, according to data compiled by the National Conference of State Legislatures.

    “Securing the Hemp Farming Act as part of the 2018 Farm Bill has been a top priority of mine,” said Senator McConnell. “I look forward to continuing to work with my Senate colleagues on this and many other issues important to Kentucky agriculture as we move towards consideration of the Farm Bill.

    He added: “As a result of the hemp pilot program, which I secured in the 2014 Farm Bill, Kentucky’s farmers, processors, and manufacturers have begun to show the potential for this versatile crop. Today’s announcement will build upon that progress to help the Commonwealth enhance its standing at the forefront of hemp’s return to American agriculture. I look forward to continuing to work with my Senate colleagues and my partners in Kentucky … to grow hemp’s bright future.”

    Senate Bill 2667 provides states and/or Indian tribes with “primary regulatory authority over the production of hemp.”

  • by Paul Armentano, NORML Deputy Director May 2, 2018

    A three judge panel for the Ninth Circuit Court of Appeals has denied a petition filed by the Hemp Industries Association challenging the DEA’s authority to establish a new administrative drug code specifically for marijuana extracts. The DEA first announced the proposed rule change in 2011, but did not enact the new policy until January 13, 2017.

    In a decision filed on April 30, the Court rejected petitioners’ arguments – opining the DEA’s classification of marijuana extracts does not conflict with the provisions of either the Agricultural Act of 2014 (aka the ‘Farm Bill) or the Consolidated Appropriations Act, which limits the Justice Department from spending federal dollars to intervene in state-sanctioned activities involving marijuana or industrial hemp. The Court also dismissed petitioners’ argument that the rule substantively amended the federal Controlled Substances Act. Justices opined that such extract products, including those containing primarily CBD, were already classified under federal law as schedule I controlled substances.

    The DEA has long contended that it possesses broad regulatory authority over “all parts of the plant Cannabis sativa L.,” including “the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin.” The agency includes among this definition products containing cannabidiol or any other non-THC cannabinoids derived from the marijuana plant. It further states, “[T]he Agricultural Act of 2014 does not permit entities [who are not registered with the DEA] … to produce non-FDA-approved drug products made from cannabis.”

    Over a dozen states have enacted legislation in recent years exempting certain persons who possess extracts high in cannabinoid from criminal prosecution. Legislation to approve the retail sale of CBD extracts to adults in Kansas is awaiting gubernatorial action. Indiana lawmakers approved a similar law in April. Several pieces of legislation seeking to exclude CBD from the federal definition of marijuana are pending in Congress. In 2015, Nora Volkow, the Director of the US National Institute on Drug Abuse, publicly acknowledged that CBD is “a safe drug with no addictive effects.”

    Petitioners say that they intend to appeal the ruling.

    The case is Hemp Industries Association et al., v. US Drug Enforcement Administration et al., (No. 17-70162).

  • by Paul Armentano, NORML Deputy Director April 12, 2018

    United States Senate Majority Leader Mitch McConnell (R-KY), along with Oregon Democrats Ron Wyden and Jeff Merkley introduced legislation today to remove low THC hemp from the federal Controlled Substances Act and amend federal regulations to better facilitate industrial hemp production, research, and commerce.

    The Hemp Farming Act of 2018 allows states, not the federal government, to regulate hemp production and allocates grant funding to federally subsidize industrial hemp cultivation. According to the Congressional Research Service, the United States is the only developed nation in which industrial hemp is not an established agricultural crop.

    Senator McConnell said: “Today, with my colleagues, I am proud to introduce the bipartisan Hemp Farming Act of 2018, which will build upon the success of the hemp pilot programs and spur innovation and growth within the industry. By legalizing hemp and empowering states to conduct their own oversight plans, we can give the hemp industry the tools necessary to create jobs and new opportunities for farmers and manufacturers around the county.”

    Senator McConnell previously shepherded federal reforms (Section 7606 of the Farm Bill) in 2014 permitting states to legally authorize hemp cultivation as part of academic research pilot programs. Over two-dozen states have established regulations permitting limited hemp cultivation under this provision. In 2017, state-licensed producers grew over 39,000 acres of hemp, up from roughly 16,000 acres in 2016.

    Separate legislation, HR 3530, is currently pending in the US House of Representatives to exclude low-THC strains of cannabis grown for industrial purposes from the federal definition of marijuana. That measure has 43 co-sponsors.

    To contact your members of Congress in support of this legislation, please click here!

  • by Paul Armentano, NORML Deputy Director October 31, 2017

    Domestic hemp production increased dramatically from 2016 to 2017, according to data compiled by the advocacy organization Vote Hemp.

    The group calculates that US farmers cultivated over 23,000 acres of hemp in 2017, up from fewer than 10,000 acres in 2016.

    Under a 2014 federal law, states may license hemp cultivation as part of a university sponsored pilot program. Thirty-two universities in nineteen states – including Colorado, Kentucky, Minnesota, New York, North Dakota, Oregon, and Tennessee – have participated in hemp cultivation projects this year.

    “The majority of states have implemented hemp farming laws, in clear support of this crop and its role in diversifying and making more sustainable our agricultural economy,” Vote Hemp President Eric Steenstra said in a prepared statement. “It’s imperative that we pass the Industrial Hemp Farming Act in Congress, so that we can grant farmers full federally legal rights to commercially cultivate hemp to supply the growing global market for hemp products.”

    House Bill 3530: The Industrial Hemp Farming Act of 2017 excludes cannabis strains under 0.3 percent THC from the federal definition of marijuana under the Controlled Substances Act. The bill is assigned before the House Judiciary Committee, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

  • by NORML August 8, 2017

    hempfieldCongressman James Comer (R-KY-1) and 15 co-sponsors have reintroduced legislation to amend the federal Controlled Substances Act to exclude industrial hemp.

    Currently, the Controlled Substances Act of 1970 labels hemp as a Schedule I drug.

    H.R. 3530 excludes low-THC strains of cannabis grown for industrial purposes from the federal definition of marijuana.

    The majority of US states have already enacted legislation redefining hemp as an agricultural commodity and allowing for its cultivation. In 2014, members of Congress approved language in the omnibus federal Farm Bill explicitly authorizing states to sponsor hemp research absent federal reclassification of the plant.

    All parts of the hemp plant can be cultivated and used to produce everyday household items. It can be grown as a renewable source for raw materials such as clothing, paper, construction materials, and biofuel. Not only is it useful, but growing hemp is much more environmentally friendly than traditional crops.

    According to the Congressional Research Service, the United States is the only developed nation in which industrial hemp is not an established crop.

    Click HERE to urge your Representative to support this legislation.

     

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