Farm Bill 2018: The Future of Industrial Hemp

by Travis C | Dec 7, 2018 | 420, Blog, Growing

The newest classification of cannabis since 1970 may be just around the corner, and it involves industrial hemp.

Congress re-evaluates and votes on a new Farm Bill every five years. Well, we’ve come to the end of another five year window, and the time to vote on new revisions to the Farm Bill has come. While normally this is seen as just another vote, this year’s vote is special.

Included in the revisions of this year’s Farm Bill is the reclassification of industrial hemp.

The Farm Bill

The Agriculture Improvement Act, known more simply as the Farm Bill, is a constantly changing piece of legislature that is voted on every five years. Within this period, lawmakers can add revisions, remove items and vote among themselves before the final revisions are approved.

Normally this isn’t anything too important, as it pertains to other agricultural issues that are most prevalent to farmers across the country. However, this bill is different. A provision has been included in the 2018 Farm Bill to lift the federal ban on industrial hemp.

The industrial hemp revision will be the first action taken on the reclassification of hemp since it was included in the Controlled Substances Act of 1970, in which hemp was labelled a Schedule 1 narcotic, along with cannabis. Even though industrial hemp is classified as cannabis with .03% THC or less, it was still considered Schedule 1.

Industrial Hemp in The US

industrial hemp in the US

40 states have passed their own state-level legislation regarding hemp, with most legalizing industrial hemp for agriculture. Historically, industrial hemp has been grown en masse for its fibrous stalks. It’s hearty qualities make for great textiles, clothing material and more. However new developments in the realm of CBD have bred a necessity for change.

As it stands now, the CBD market is a grey market. Cannabidiol is the non-psychotropic cannabinoid found in cannabis and hemp that produces medicinal effects with little to no psychoactive effects. CBD is found more prevalent in hemp than normal cannabis that is bred for its flowers, and thus a new market has sprouted for hemp-derived CBD products.

However, since there is no federal regulation for this quickly growing industry, consumers are at risk. The use of pesticides, false labeling and other issues have risen in the CBD market. The new Farm Bill will open the door to allow regulation, testing requirements and more to insure a safe product for future consumers.

While it is really exciting to see the government taking the first steps toward legalization of cannabis, nothing is yet set in stone.

The final farm bill must be approved by Congress, and it is likely that last-minute revisions will be made before everything is finalized. But at this point, we can all expect some progressive hemp legislation, regardless of the final results. The end result of this new bill could be a regulated and taxed hemp industry that could open the door for new businesses and more potential stock opportunity in the cannabis industry.

We are all waiting to see the end result of this vote, and The Real Dirt will have the latest updates when the votes are all in. So stay tuned!

Is Hemp Constitutional in Colorado? Harvest Special Pt. 5

by Travis C | Nov 6, 2018 | Cannabis Law & Compliance, growing, Season 2, The Real Dirt Podcast Episodes

Podcast: Play in new window | Embed

What makes hemp, hemp? Is it where it’s grown, or how its grown?

It all depends where you live at this point. The Agricultural Act of 2014 allowed farmers to grow industrial scale hemp legally, as long as the THC content was .03% or lower in the plant.

Seems simple enough. But when states have the right to make their own laws, the Agricultural Act becomes basically irrelevant. Some states require .01% THC or less to be considered legal. Other states require .05% or less, and some are even considering raising it to 1% or less THC.

Colorado’s hemp laws

Colorado is the only state in the country that actually includes cultivation in the state constitution. This means that Coloradans have the right to cultivate legally in Colorado. But that could all change soon.

A new measure being voted on this midterm would take the laws regarding hemp in Colorado, and make them statutory rather than constitutional. While the constitutional law currently allows legal cultivation of plants containing .03% THC or less, Amendment X would change that law to better reflect the federal law.

What if?

What if the people vote no on Amendment X? Hemp will remain in the constitution of Colorado, with a mandatory THC level of .03%. If the federal government were to reclassify hemp tomorrow and say the new limit is 1%, Colorado could be stuck. With the delays between introducing new laws and voting on them, it could be upwards of 2 years before Colorado could catch up with the rest of the country.

What if the people vote yes? Hemp will become statutory, not constitutional, putting it on par with federal regulation. Growing will no longer be a right, but a regulated law organized and voted on by lawmakers. There will be little noticeable change at first, as the constitutional definition of Colorado hemp is near identical to the federal definition already. But should the federal definition change to lower the plant’s controlled substance status or raise the legal THC limit, Colorado will be on par with the rest of the country.

What’s your vote?

What would you vote if you were a Coloradan in this situation? Would you want hemp to stay in control of the state, enshrined in the constitution, only to be changed by the people’s vote? Or, would you want to join the rest of the country in a unified federal regulation of hemp?