Hemp Farming Act of 2018

Last updated

The Hemp Farming Act of 2018 was a proposed law to remove hemp (defined as cannabis with less than 0.3% THC) from Schedule I controlled substances and making it an ordinary agricultural commodity. Its provisions were incorporated in the 2018 United States farm bill that became law on December 20, 2018.

Contents

In late March 2018, Senate Majority Leader Mitch McConnell announced he would introduce legislation legalizing hemp production in his state, Kentucky, and nationally. [1] [2] [3] McConnell introduced the bill, S.2667, on the Senate floor on April 12, 2018, co-sponsored by Oregon senators Ron Wyden and Jeff Merkley. [4] [5] McConnell announced that Representative James Comer of Kentucky would introduce a companion bill in the House of Representatives. [6] The companion bill, H.R. 5485, was introduced on April 12, with Colorado Representative Jared Polis co-sponsoring. [7]

In addition to removing low-THC cannabis from regulation under the Controlled Substances Act, the 2018 act would avail hemp farmers of water rights and federal agricultural grants, and make the national banking system (in a gray area for the cannabis industry [lower-alpha 1] ) accessible to farmers and others involved; and allow for other benefits of production of a recognized crop such as marketing, agronomy research, and crop insurance. [2] [8] [9]

History

Hemp production in the United States essentially ceased in the 1950s due to market conditions and federal regulations. [10] [11] [12] Since the mid-1990s, there has been a resurgence of interest in the United States in producing industrial hemp. [13] Executive Order 12919 (1994) identified hemp as a strategic national product that should be stockpiled. [14] [15]

The 2018 legislation was preceded by a failed Industrial Hemp Farming Act (109th Congress [House] and 114th Congress [Senate]) and a hemp- and CBD-related attempt to amend to the Controlled Substances Act (114th Congress); [16] and the Agricultural Act of 2014, which created a regulated, national agricultural hemp pilot program under which states could create their own pilot program regulations. There existed "ongoing tension between federal and state authorities over state hemp policies" due to non-cooperation of the DEA with state programs, [17] and lawsuits brought or threatened by farmers and states against the DEA. [18] [19] The DEA and conflicting Federal court decisions regarding "low THC content [hemp] and marijuana of greater THC content" [20] left a perplexing environment for would-be producers with "general uncertainty about how federal authorities will respond to production in states where state laws allow cultivation", especially after the Justice Department's 2018 recission of the 2013 Cole Memorandum. [21] By 2018, groups calling for de-scheduling of hemp included the American Farm Bureau Federation, the National Association of State Departments of Agriculture, the National Farmers Union and the National Conference of State Legislatures. [18]

In April, the Senate invoked Rule 14 and skipped over committees or debate, and placed the bill directly on its calendar. [22]

The 2018 farm bill was sent to conference committee in mid 2018. The Associated Press noted appointment of first-term Representative James Comer, a Republican Kentucky hemp supporter and the state's former agriculture commissioner, to the committee. [23] The compromise version of the farm bill reached by both houses of Congress in late November, 2018 – after McConnell put himself on the conference committee – includes the hemp provisions of the Hemp Farming Act. [24] [25] [26] Roll Call called passage of hemp legalization "an early plank of the Kentucky Republican [Mitch McConnell]'s 2020 re-election bid" soon after the $867 billion farm bill was passed by the Senate on December 11, 2018, signed by McConnell with a hemp pen. [27]

State reactions

In October, 2018, with House and Senate versions of the 2018 Farm Bill being reconciled, the National Association of State Departments of Agriculture made plans to begin harmonizing state-level hemp THC testing in anticipation of passage of the Federal act. [28] [29]

See also

Footnotes

Related Research Articles

<span class="mw-page-title-main">Hemp</span> Low-THC Cannabis plant

Hemp, or industrial hemp, is a botanical class of Cannabis sativa cultivars grown specifically for industrial or medicinal use. It can be used to make a wide range of products. Along with bamboo, hemp is among the fastest growing plants on Earth. It was also one of the first plants to be spun into usable fiber 50,000 years ago. It can be refined into a variety of commercial items, including paper, rope, textiles, clothing, biodegradable plastics, paint, insulation, biofuel, food, and animal feed.

<span class="mw-page-title-main">Cannabidiol</span> Phytocannabinoid discovered in 1940

Cannabidiol (CBD) is a phytocannabinoid discovered in 1940. It is one of 113 identified cannabinoids in cannabis plants, along with tetrahydrocannabinol (THC), and accounts for up to 40% of the plant's extract. As of 2019, clinical research on CBD included studies related to anxiety, cognition, movement disorders, and pain, but there is insufficient high-quality evidence that cannabidiol is effective for these conditions. Nevertheless, CBD is a herbal dietary supplement promoted with unproven claims of particular therapeutic effects. The global market size for CBD was predicted to exceed US$47 billion by 2028.

<span class="mw-page-title-main">Removal of cannabis from Schedule I of the Controlled Substances Act</span> Proposed changes to the legal status of cannabis in U.S. federal law

In the United States, the removal of cannabis from Schedule I of the Controlled Substances Act is a proposed legal and administrative change in cannabis-related law at the federal level. It has been proposed repeatedly since 1972. The category is the most tightly restricted category reserved for drugs that have "no currently accepted medical use.”

<span class="mw-page-title-main">THC-O-acetate</span> Acetate ester of tetrahydrocannabinol (THC)

THC acetate ester is the acetate ester of THC. It is a metabolic pro-drug, with its subjective effects being felt around 30 minutes after ingestion.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Cannabis in the United States</span> Legality, use, culture, market and production of cannabis in the United States

The use, sale, and possession of cannabis over 0.3% THC in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis over 0.3% THC is considered to have "no accepted medical use" and have a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.

The Industrial Hemp Farming Act of 2009, introduced during the 111th United States Congress by House Republican Ron Paul of Texas) and House Democrat Barney Frank of Massachusetts) on April 2, 2009, sought to clarify the differences between marijuana and industrial hemp as well as repeal federal laws that prohibit cultivation of industrial, but only for research facilities of higher education from conducting research. Industrial hemp is the non-psychoactive, low-THC, oil-seed and fibers varieties of, predominantly, the cannabis sativa plant. Hemp is a sustainable resource that can be used to create thousands of different products including fuel, fabrics, paper, household products, and food and has been used for hundreds of centuries by civilizations around the world. If H.R.1866 passes American farmers will be permitted to compete in global hemp markets. On March 10, 2009, both Paul and Frank wrote a letter to their Congressional colleagues urging them to support the legislation. This bill was previously introduced in 2005 under the title of Industrial Hemp Farming Act of 2005.

<span class="mw-page-title-main">Medical cannabis in the United States</span> Use of cannabis for medical purposes in the United States

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

<span class="mw-page-title-main">James Comer (politician)</span> American politician (born 1972)

James Richardson Comer Jr. is an American politician from the Commonwealth of Kentucky who represents the commonwealth's 1st congressional district in the United States House of Representatives. As the chair of the Oversight Committee from 2023, Comer started investigations into President Joe Biden and his family.

<span class="mw-page-title-main">Cannabis in Wisconsin</span> Overview of the use and culture of cannabis in Wisconsin, U.S.

Cannabis in Wisconsin is illegal for recreational use. Possession of any amount is punishable by up to 6 months in prison and a $1000 fine for a first offense. A second offense is punished as a felony with up to 3.5 years in prison and up to a $10,000 fine. At the local level, however, numerous municipalities and counties have decriminalized cannabis or lessened penalties for minor possession offenses. Medical use is legal only in the form of low-THC cannabis oil.

<span class="mw-page-title-main">Cannabis in Iowa</span> Legality, use and culture of cannabis in the U.S. state of Iowa

Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.

<span class="mw-page-title-main">Hemp in Kentucky</span> Production and legality of hemp in the US state

Kentucky was the greatest producer of hemp in the United States during the 19th and 20th centuries, when it was the source of three fourths of U.S. hemp fiber. Production started to decline after World War I due to the rise of tobacco as the cash crop in Kentucky and the foreign competition of hemp fibers and finished products. In 1970, federal policies virtually banned the production of industrial hemp during the War on Drugs saying all Cannabis sativa is a Schedule I controlled substance. Federal law under the Agricultural Act of 2014 allowed research back into hemp. Kentucky began production again with 33 acres in 2014. As of the 2016 harvest season, only two U.S. states other than Kentucky had over 100 acres (40 ha) in hemp production: Colorado and Tennessee. The first 500-acre commercial crop was planted in Harrison County in 2017, and research permits were issued for over 12,000 acres (4,900 ha) that year. The 2016 documentary Harvesting Liberty concerns the 21st century Kentucky hemp industry.

<span class="mw-page-title-main">Hemp beer</span>

Hemp beer is a form of beer infused with elements of the cannabis plant. Hemp beer is not brewed from hemp directly, but hemp products such as seeds are a later flavoring addition.

Hemp in Washington State has emerged as an experimental crop in the 21st century.

Hemp Industries Association v. Drug Enforcement Administration, often shortened to HIA v. DEA, refers to two lawsuits concerning the legality of cannabis extracts and other products from the hemp plant that have very low or nonexistent natural THC levels, including CBD oil, in the United States. The first is from 2004 and the second is from 2018.

<span class="mw-page-title-main">Agriculture Improvement Act of 2018</span> United States law

The 2018 farm bill or Agriculture Improvement Act of 2018 is an enacted United States farm bill that reauthorized $867 billion for many expenditures approved in the prior farm bill. The bill was passed by the Senate and House on December 11 and 12, 2018, respectively. On December 20, 2018, it was signed into law by President Donald Trump.

<span class="mw-page-title-main">Hemp in the United States</span> Legality, use and culture of hemp in the United States

Hemp in the United States was a legal crop in the 18th and 19th centuries. Production was effectively banned in the mid-20th century, but it returned as a legal crop in the 21st century. By 2019, the United States had become the world's third largest producer of hemp, behind China and Canada.

<span class="mw-page-title-main">Ecofibre</span> Australian Biotechnology company

Ecofibre Limited is an Australian listed biotechnology company that produces and sells hemp derived products to consumers and retailers in the United States and Australia. The company's products include cannabinoid (CBD) oil and nutraceuticals as well as hemp derived food and textiles.

References

  1. McConnell announces hemp legislation with Ky. Ag. Commissioner, Lexington, Kentucky: WKYT-TV, March 26, 2018
  2. 1 2 Morgan Gstalter (March 26, 2018), "McConnell bill would legalize hemp as agricultural product", The Hill
  3. Senator Mitch McConnell (March 26, 2018), Senator McConnell and Commissioner Quarles Announce Hemp Legislation (press release), United States Senate official website
  4. Alicia Wallace (April 12, 2018), "Hemp Farming Act of 2018 introduced by Sen. Mitch McConnell", The Cannabist , The Denver Post
  5. S.2667, United States Senate official website
  6. Mitch McConnell (April 12, 2018), Senators McConnell, Wyden, and Merkley join efforts to support hemp farmers, processors, and product manufacturers to capitalize on this growing industry (press release) via United States Senate official website
  7. H.R. 5485, U.S. Congress official website
  8. Elizabeth Nolan Brown (April 13, 2018), "Reason roundup: Congress moves to legalize hemp", Reason blog, Reason Foundation
  9. Alicia Wallace (April 12, 2018), "Hemp Farming Act of 2018 introduced by Sen. Mitch McConnell", The Cannabist , The Denver Post
  10. Johnson 2017, p. 7.
  11. Shepherd 1999.
  12. Hopkins 2015, pp. 193–208.
  13. Johnson 2017, p. 14.
  14. Executive Order 1219, Federal Emergency Management Agency (FEMA)
  15. About Industrial Hemp (PDF), New Mexico Legislature, retrieved April 14, 2017
  16. Johnson 2017, p. Summary.
  17. Johnson 2017, p. 17.
  18. 1 2 Rick Barrett (February 15, 2018), "Farmers, Drug Enforcement Administration at odds over hemp", Milwaukee Journal Sentinel
  19. Rachel Chason (April 4, 2017), "NC hemp commission considers joining lawsuit against DEA", The News & Observer , Raleigh, NC
  20. Johnson 2017, p. 19.
  21. Johnson 2017, p. 21.
  22. Senate fast-tracks bill legalizing hemp as agriculture product, The Hill, April 16, 2018
  23. Comer Gains Seat on Farm Bill Conference Committee – A Kentucky congressman has been chosen to serve on the conference committee assigned to negotiate a final version of the federal farm bill., Associated Press, July 18, 2018 via US News
  24. Melissa Schiller (December 10, 2018), "Cannabis Industry Anxiously Awaits 2018 Farm Bill Vote", Cananbis Business Times, Mitch McConnell inserted language from his Hemp Farming Act of 2018 into the Farm Bill to legalize the cultivation and sale of [cannabis]
  25. Teaganne Finn; Erik Wasson; Daniel Flatley (November 29, 2018), Lawmakers Reach Farm Bill Deal by Dumping GOP Food-Stamp Rules, Bloomberg, The bill includes a provision that would make hemp a legal agricultural commodity after Senate Majority Leader Mitch McConnell of Kentucky championed the proposal, even joining the farm bill conference committee to ensure it would be incorporated. Among other changes to existing law, hemp will be removed from the federal list of controlled substances and hemp farmers will be able to apply for crop insurance.
  26. Bruce SCHREINER (November 28, 2018), McConnell's year-end wish: Getting Congress to legalize hemp, Associated Press
  27. Niels Lesniewski (December 11, 2018), "Mitch McConnell Touting Victory With Hemp Legalization on Farm Bill", Roll Call Issue is becoming an early plank of the Kentucky Republican’s 2020 re-election bid
  28. Sophie Quinton (October 12, 2018), "On the brink of being legal, hemp still faces challenges", High Plains/Midwest Ag Journal, Dodge City, Kansas: High Plains Journal
  29. Skelton, George (June 3, 2019). "Why does California's public health department treat CBD like poison?". Los Angeles Times . Retrieved June 3, 2019.

Sources

PD-icon.svg This article incorporates public domain material from Hemp as an Agricultural Commodity. Congressional Research Service.

Further reading