Did the USDA Really Deschedule THC?

by Travis C | Jun 3, 2019 | 420, Blog, Broscience Mythbusters, Cannabis Law, Culture, Hemp, Hemp Law

The USDA did deschedule THC. Just not in the way people currently believe.

An article that has exploded within the cannabis community claims that the USDA quietly “legalized” THC last week. While this isn’t entirely wrong, it is incredibly misleading. This is because the descheduling of THC by the USDA only applies to THC in hemp.

For a quick refresher, The Farm Bill of 2018 legalized industrial hemp. This “legal” hemp is defined as any cannabis plant with a THC percentage of .3% or less. But if THC is still on the controlled substances list, how can that be?

The USDA on THC

In a memorandum submitted to the Secretary of Agriculture on May 28th, the USDA gives a legal opinion on provisions to the Farm Bill. They point out a specific amendment in the newest version of the bill that removed THC in hemp from the Controlled Substances Act (CSA).

By amending the definition of marijuana to exclude hemp as defined in AMA §297A, Congress removed hemp from schedule 1 and removed it entirely from the CSA. This means hemp is no longer considered a controlled substance at all. With the amendment to exclude THC in hemp from schedule 1, Congress has also removed THC in hemp from the CSA.

Now, that last sentence from the memorandum is what people are getting excited about. When paraphrased to say, “Congress has removed THC from the CSA,” it’s easy to see why. But the key words in the entire amendment is “IN HEMP”.

THC in Hemp

This is where the entire article claiming THC is legal falls apart. Hemp has a very specific definition, that being the definition requiring a THC content of .3% or less to be considered hemp. It makes perfect sense that THC in hemp would need to be legal, in order for legal hemp to be able to contain any amount of THC. In other words, because hemp can contain up to .3% THC, that THC needs to be legal for the hemp to be legal.

Now, because of hemps legal definition pertaining to any cannabis plant with .3% THC or less, surpassing the .3% threshold disqualifies the plant as hemp. Under this legal definition, anything above .3% THC is considered psychoactive cannabis, which is still a controlled substance that is federally illegal.

Why it Matters

The article that broke this story hinted at future possibilities with this newly legal THC, like simply breeding hemp to have higher THC. And that’s what makes this article lose all credibility.

Remember when I said that to be legally considered hemp, the cannabis plant must have a THC content of .3% or less? And remember what happens when the THC content surpasses that .3%? It’s no longer hemp.

While this article suggests that the USDA basically just added a magic loophole that will now allow breeders to grow THC rich hemp, it forgets to mention that by doing so, the plant will no longer be hemp. If the author knew the origins of the cannabis plant, they would know that most of the THC-rich strains we consume today were bred to have that high content from what originally was European Hemp with almost no THC to begin with.

What this article is suggesting, is basically repeating the entire history of cannabis breeding, so we can turn the legal hemp we have now, back into illegal cannabis. If you want The Real Dirt’s legal advice, we suggest that you don’t do that. THC has been legalized in the sense that as long as it is in hemp, and does not surpass .3%, it is legal. Once it leaves the hemp, or surpasses .3%, you’re entering some dangerous territory.

But hey, you can judge for yourself! Read the full USDA Memorandum right here.

CBD Laws Could Be Changing

by Travis C | May 31, 2019 | 420, 420 News, Blog, Business, Culture, Hemp

CBD has gotten too big for the FDA not to intervene. The question now is what are they going to decide?

Contrary to the hundreds of CBD products you can buy online and at your local health store that would suggest otherwise, CBD isn’t technically legal. However it isn’t technically illegal either. And that’s why there’s a problem.

CBD is a naturally occurring cannabinoid in the cannabis plant. A relative of the cannabis plant that was just legalized, hemp, also contains CBD. With hemp legal, people saw no problem in breeding hemp specifically for CBD to make products.

However, CBD was not included in the legislation that legalized hemp, and because it is also found in psychoactive cannabis cultivars, there’s some controversy over whether or not it should be legal. Now almost 6 months after legalization, the FDA is finally getting involved.

FDA CBD Laws

With economists predicting that the CBD industry could reach a market worth of $16 Billion by 2025, the FDA has no choice but to make a regulation decision. Compared to other non-FDA approved products, CBD is already much more well known and popular, and even dangerous, should the FDA decide so. Which is why their decision is so important.

During a hearing at the end of May, the FDA will be presented with remarks from manufacturers, consumers, health professionals, academics, and more on scientific data and information about CBD products that contain cannabis or cannabis-derived compounds, such as CBD.

Because of the wide range of uses for CBD, from foods and face creams to pills and oils, the FDA needs to regulate CBD more strictly compared to other ingredients that may just be used in one specific product. With now CBD laws specifically on the books, more and more pressure is being placed on the FDA to regulate.

Potential Outcomes

There are a lot of way the FDA could decide to regulate CBD laws. In the worst case scenario, they could ban CBD altogether. This is pretty unlikely, as the now ex-Commisioner of the FDA had stated in February of 2019 that the FDA would take a more “flexible” approach to CBD regulation.

What seems more likely, is the FDA regulating CBD to only be allowed to be extracted from legal, industrial hemp, while banning CBD extraction from cannabis, i.e. any other cannabis plant with a THC level over .3%. They could also permit CBD extraction from any cannabis plant as long as there is no THC included.

All we can do for now is speculate while the hearing takes place, but many CBD business owners and entrepreneurs will be anxiously awaiting the results.

The Future of the CBD Industry

It’s probably safe to say at this point that if the FDA did decide to ban CBD altogether, there would be massive, nationwide outrage. From the parents who use CBD as medicine for children with epilepsy, to the avoid CBD consumers who have made the cannabinoid an essential element of their daily nutrient routine.

While obviously the former would be most negatively affected by a full CBD ban, it would be the masses who consume CBD recreationally that would have the biggest voice in the matter. And with so many hopping on board the CBD bandwagon, we can assume CBD isn’t going anywhere.

Everything You Need to Know About Growing Hemp in Alabama (Pt. 2)

by Travis C | Apr 17, 2019 | 420, Blog, Business, Cannabis Law and Compliance, Growing, Hemp

At this point you’ve already decided whether or not you’re growing hemp from seed or clones. Now it’s time to get it planted.

Over 150 farms have already been approved to start growing hemp in Alabama. A lot of them are going to fail.

Why?

Because they’re going to treat hemp like any other row crop.

Planting and Caring for Hemp

In Alabama you should plant at the end of May through the first week ofJune with 2000 to 4000 plants per acre. It is best to sew directly into the ground, however many people find success by using automated plug planters. These planters allow you to plant clones and seeds in a root plug.

Bigger is not better. It’s best to grow plants that are under 5 feet tall and spaced appropriately where they still touch. Your hemp fields should look more like a corn or wheat field than your traditional ganja plant.

To put it simply: It’s all math.

Smaller plants are easier to harvest, easier grow, and don’t require staking. Larger plants require staking, more water, and more nutrition. If you have the land, it’s much better to plant more acres out than less plants. If you choose to grow large plants you will absolutely eat up all your profits and harvesting.

It’s easy to calculate the weight of a field. A foot-tall plant at a density of 2000 plants per acre will yield 2,000 to 4,000 pounds in acre. If you plant with a greater density of 4,000 plants per acre, you will be able to use mechanical harvesting techniques for easier collection. Bean pickers are already being used to harvest hemp throughout the country. You just need more plants per acre for it to be worth your while.

Best Hemp Practices

On a very small scale of 1 to 10 acres, it’s easy enough to plant your seeds or clones by hand. Anything bigger than that and you’ll either need a lot more hands or a mechanical planter.

Hemp clones and seeds require water to grow. They grow best in irrigated fields, however I have been to dozens of hemp fields throughout the country that don’t have irrigation and just rely on God‘s grace and the the rain.

Cross your fingers and it could work out great for you.

For guaranteed success, supplemental irrigation is essential. With any irrigation technique, hemp plants will suck up the water you give them. It is important for them to be in well-draining fields so they don’t get overwatered. You’ll also need to fertilize your fields.

That’s right Hemp requires fertilization. Smart farmers test the soil prior to planting and apply the appropriate supplements. Hemp mostly needs added nitrogen and calcium. You can apply this with all the traditional means from chickenshit to gypsum, ammonium nitrate to calcium nitrate.

Harvesting Your Hemp

growing hemp and harvesting hemp in Alabama

Harvest can be a confusing component of hemp cultivation.

You can begin harvesting your hemp for extraction as soon as your plants’ CBD levels have started to reach their peak. This occurs approximately 35 days after your initial flower set.

This translates to a harvest in mid September to late October. Since we are mostly harvesting hemp for its CBD component and not its THC component, we have a wider latitude for harvesting.

Lastly, it is smart to invest in at least one or two chemical analyses of the CBD. The best time for testing is between three and six weeks into flower. This will give you a gauge of your harvest times and periods for next year as well.

While it might seem relatively simple, nobody has ever grown hemp on the scale that the US is about to begin growing. There will be a lot of problems that farmers across the country will have to combat. In different states with different climates, different problems will arise for the growers there. But now that it is a legal industry with unlimited potential, and with the help from social media platforms and podcasts like The Real Dirt, the answers to these problems will be much easier to find than they are now.

Learn more about hemp in Alabama specifically on The Real Dirt Podcast. And join our Real Dirt Alabama Facebook Group for news exclusive to Alabama, grow tips and more.

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Inside The Alabama Hemp Industry

by Travis C | Apr 16, 2019 | cannabis business, cannabis industry, growing, Hemp, Hempisodes, Season 3, The Real Dirt Podcast Episodes

Podcast: Play in new window | Embed

Hemp is legal in Alabama…and everywhere else in the US. But that doesn’t mean all the laws are the same.

The 2018 Farm Bill federally legalized industrial hemp, opening up a brand new marketplace for interstate commerce with federal regulation. This is a huge step for hemp and cannabis (since they are the same thing), but the bill isn’t perfect.

One unique aspect of the bill is that it gives states a year from its passing (December 2018) to either draft their own industrial hemp laws that still fit within federal regulation, or get rid of any hemp laws they currently have, and accept the new federal regulation as their own.

While states like Colorado — that had an amendment to its constitution allowing for the production of industrial hemp — voted to remove the amendment from the constitution to avoid any backlash from federal government, others still have hemp laws on the books.

Alabama is one of them.

Hemp Laws in Alabama

To get the most accurate description of Alabama’s new laws, the best place to go is the Alabama Department of Agriculture and Industries.

Hemp is now deemed an agricultural commodity and is no longer classified as a controlled substance in the US, and in turn, Alabama. It is important for the public to understand that hemp is not legal to grow or process in Alabama until a plan is developed and approved by the United States Secretary of Agriculture.

The USDA will require participating states to include information on applicants, testing procedures, inspection of growing/processing facilities and disposal procedures. The Alabama Department of Agriculture and Industries (ADAI) will work in consultation with the Governor’s office, the Attorney General’s office and law enforcement agencies to create a plan of action regarding statewide regulation.

So, while hemp is federally legal and Alabama is not fighting that, the state is still setting up its legal industry. At the time of this writing (April 2019), Alabama will have already closed its application window for growers, processors and distributors.

Over 180 farmers have been approved, with some 60 processors in addition.

This Week’s Episode of The Real Dirt

One such person that was able to obtain a farming license for industrial hemp in Alabama was Brett Terry. A longtime friend of Chip’s, Brett works with Front Range Biosciences in Boulder, Colorado.

Front Range Bio is working to rapidly advance the growth methods and techniques for cannabis and industrial hemp, from cleaner farming practices to cell cultures. Originally from Alabama, Brett saw the massive market potential for hemp in the state.

As a strong agricultural provider for the country, Alabama is packed with farmers looking for new opportunity. While those that didn’t meet the March 1st deadline must now wait until October to apply for licensing, Brett is already getting started.

Hear Brett’s story and what he’s experienced so far in Alabama’s legal hemp industry in this episode of The Real Dirt Podcast.

Join our private Facebook Group for conversations with other ganjapreneurs and cannabis updates you won’t get anywhere else!

And join our new Real Dirt Alabama Group for exclusive Alabama hemp news, tips and more.

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Everything You Need to Know About Growing Alabama Hemp (Pt. 1)

by Travis C | Apr 15, 2019 | 420, 420 News, Blog, Business, Growing, Hemp, Science & Technology

Wow. Finally by the grace of God, hemp is finally legal. In Alabama, this is an exciting time and opportunity for many people.

With the passing of the 2018 Farm Bill, hemp is now considered a legitimate farm crop in the US. The problem is that hardly anyone knows how to grow hemp, and the people that have been growing hemp have only grown limited amounts, in limited environments.

Now Alabama and a number of other southern states have “legalized it.” But what does that mean?

What is hemp?

Hemp is considered any cannabis plant that has less than .3% THC. This is the only thing that defines what makes hemp legal in the US. With the new Farm Bill of 2018 comes the ability for farmers and states that have regulated the production of hemp to legally farm it.

Even though it’s called industrial hemp, there is very little industrial use of hemp today.

Out of hemp you can make everything from paper to plastics, cement to chipboard. We are on the cutting edge of this technology and we have yet to see industry spring up around it. In the future we will see the above and more utilized for industrial hemp. But until then farmers will have to settle on growing hemp for CBD extraction and potentially seed for food.

Growing hemp for grain can be lucrative. The seeds are inexpensive, however you have to be mechanically geared for the scale of this type of production. Think hundreds or thousands of acres.

CBD, or cannabidiol, is the most lucrative side of industrial hemp today. It is a medicinal component of the cannabis plant that doesn’t share any psychoactive affects with its relative, THC. CBD is used in everything from skin creams to anti-seizure medications. It truly is a wondrous natural supplement.

As of today, CBD is the only way that you’ll be able to be cash positive from any hemp farming activity. If you’re lucky enough to have applied and received an Alabama Hemp License to grow hemp, then it’s time to get started.

The Plant

CBD hemp has many growth patterns and harvest times. It can be planted from June to August in most of the US. Alabama hemp is no different.

Unlike its cousin (i.e. ganja, marijuana, herb), Alabama hemp is grown on a considerably larger scale, with very different techniques.

The first thing you need decide before starting in Alabama hemp, is whether you want to grow from clones or seeds. High-CBD hemp seeds are available for approximately one dollar a seed on the current marketplace. These are feminized seeds that only produce female plants (or at least 90% or female plants).

That’s right. You still can have some percent of males show up, but that’s a little more complex science than we want to get into now. Basically, if you buy 10,000 feminized seeds you’re mostly going to get female plants. Don’t worry if you get a little seed in your hemp either.

You can just as easily purchase traditional seeds that will randomly be male and females. On a small scale of 5 to 10 acres this could be an excellent choice. It is easy enough to cut down all the males as they show their sex, leaving only the females in your field.

However if you do this you have to plant at twice the density in order to compensate for losing half of your plants.

Clones are by far the best way to have consistent yields and performance.

In part 2 of this guide, we’ll go over tips for planting properly, keeping your Alabama hemp plants healthy and maintaining your fields.

You can also hear from somebody who’s breaking into the Alabama hemp industry right now, Brett Terry, on The Real Dirt Podcast.