Kentucky Producers: Federal Rollback of Marijuana Enforcement Won’t Affect Hemp

By Nicole Erwin 44 minutes ago

Kentucky’s industrial hemp research program is on a trajectory for growth with highest number of approved applicants this year.  Hemp’s association with Marijuana however, remains a  hurdle for producers.

In a recent breakout session at the American Farm Bureau National Convention in Nashville hemp supporters discussed legislation to remove the crop from the DEA’s schedule one substance list.  Hemp is only legal in states with certified industrial hemp pilot programs like Kentucky. The federal government currently classifies hemp as an illegal substance due to its similarities to marijuana.

West Kentucky hemp processor Katie Moyer says Attorney General Jeff Sessions’ move to rescind the ‘Cole memo,’ which reflects a passive federal policy on the enforcement of cannabis laws, won’t affect hemp or the proposed Industrial Hemp Farming Act of 2017.

“Jeff Sessions seems to be acting pretty much of his own accord. It doesn’t seem like there’s a big appetite in D.C. for doing the things that Sessions is doing.” Moyer said.

Kentucky Agriculture Commissioner Ryan Quarles has said the 2014 Farm Bill gives clear authority to conduct an Industrial Hemp pilot program, regardless of Marijuana enforcement. Moyer said what could happen in the 2018 Farm Bill remains uncertain.

The Kentucky Department of Agriculture has approved more than 12,000 acres for growers to cultivate industrial hemp for research purposes in 2018.  The 225 approved participants must pass background checks and consent to inspections. Last year, participants planted the highest number of acres in recent history at more than 3,200 acres.

Kentucky Congressmen have filed federal legislation to ease restrictions on hemp; including the most filling by Congressman Andy Barr. H.R. 4711 which asks for protections for institutions that provide financial services to hemp businesses.

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Ryan Quarles

✔ @RyanQuarlesKY

Section 7606 of 2014 Farm Bill gives clear authority to conduct an Industrial Hemp pilot program! Just approved 12,000+ acres for 2018. https://twitter.com/jimhigdon/status/950191461701701632 …

8:46 PM – Jan 7, 2018

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Kentucky Congressman Champions Deregulation of Industrial Hemp

1/7/2018 |

Chris Clayton

A freshman Kentucky congressmen, and member of the House Agriculture Committee, attended the American Farm Bureau Federation convention on Sunday to promote his new legislation to deregulate industrial hemp nationally.

Rep. James Comer, a Republican representing Kentucky’s 1st Congressional District, was the state’s agricultural commissioner from 2012 to 2016 before being elected to Congress. During his time as ag commissioner, the state passed a bill to set up a regulatory framework to make industrial hemp a reality.

“That was six years ago. Today, Kentucky is the leading industrial-hemp producing state in the nation and 20 other states have passed similar legislation.”

Comer’s bill would reclassify industrial hemp from a controlled substance to an agricultural crop. The bill would make it clear it is not a drug and Comer said he does not support legalization of marijuana.

“I’m trying to differentiate between marijuana and hemp,” he said.

Hemp generally has less than .3% of Tetrahydrocannabinol (THC), the chemical compound that creates the high in marijuana, which generally has 15% or more THC. That difference is “It is a crop that has a lot of potential, not just for farmers, but for manufacturing,” Comer said.

Hemp can still produce Cannabidiol (CBD) oil that Comer said can be a solution in managing pain, and possibly help address the country’s opioid crisis. CBD oil can treat pain in a non-addictive manner, he said.

“I think hemp has a very bright future, but we have to get the federal government off the backs of producers and give the private sector confidence that this is an agricultural crop and something worth investing in, not something they have to worry about some overzealous DEA agent or Department of Justice coming in and seizing their assets because they do not know the difference between hemp and marijuana.”

Beyond CBD oil, Comer said there is a Louisville company making fiber, as well as a fiber foam that is going into at least some automobile production. Comer said other auto manufacturers want to research further uses for auto interiors as well. There are also companies using hemp to produce animal feed and bedding, he said.

“We’re trying to utilize every part of the plant and I feel Kentucky has proven there is huge demand for hemp products,” Comer said.

Comer said his bill has House Judiciary Committee Chairman Bob Goodlatte, R-Va., as a co-sponsor. Senate Majority Leader Mitch McConnell, R-Ky., also is going to introduce a companion bill in the Senate. McConnell had language in the last farm bill to help commercialize the crop in the state.

Comer said he will likely look to move his legislation through the Energy and Commerce Committee, as well as Judiciary, but he said it is possible the bill might be included in the upcoming farm bill. Comer added, however, that at least some members of the House Agriculture Committee are leery of dealing with a hemp-legalization bill.

“The Ag Committee really is not as crazy about this as some of the other committees,” Comer said. “They hear hemp and they get scared.”

Comer’s bill comes, however, as Attorney General Jeff Sessions seeks to potentially reinstate more prosecutorial authority over marijuana even as more states are legalizing the drug. That could blur the lines in the debate about hemp as well.

The American Farm Bureau Federation also has endorsed the bill and the growth of industrial hemp as an agricultural industry.

Chris Clayton can be reached at Chris.Clayton@dtn.com

Follow him on Twitter @ChrisClaytonDTN

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New Hampshire House Votes to Legalize Marijuana Possession and Cultivation

legalization_pollThis morning, in a direct rebuke to the bluster coming from US Attorney General Jeff Sessions, the New Hampshire House of Representatives voted 207 to 139 in favor of a measure that would legalize the possession of up to 3/4 of an ounce of marijuana and the cultivation of 3 mature plants for adults 21 years of age or over. This legislation is similar to a measure passed by members of the House of Representatives in neighboring Vermont last week. Both measures now await action by their respective state Senates, with a vote in Vermont expected for later today.

A broader legalization bill, which included commercial cultivation and retail sales, was voted down in a New Hampshire House committee last November. Today, state Representatives voted to overturn that initial vote and amended that legislation to only include the legalization of personal possession and cultivation. Currently, there is a standing legislative study committee in the state that is researching and reviewing the potential of legalized commercial marijuana in New Hampshire and is expected to give recommendations later this year.

“Despite the best attempts by Attorney General Jeff Sessions and the Department of Justice to intimidate state governments, the recent votes in Vermont and New Hampshire demonstrate that legislators are ignoring this bluster and are standing up for the will of the people,” said NORML Executive Director Erik Altieri, “An overwhelming majority of Americans want to see marijuana legalized and their elected officials are smartly siding with this broad public opinion and sensible policy direction over the Reefer Madness being spouted by Attorney General Sessions.”

NORML will keep you updated as these and other legislative reform efforts advance.

TAKE ACTION IN SUPPORT OF MARIJUANA REFORM LEGISLATION IN YOUR STATE HERE.

NORML Blog, Marijuana Law Reform

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Kansas State Representative Defends Prohibition, Goes Full Racist

At an event over the weekend, Kansas State Representative Steve Alfond (R) defended the continuation of marijuana prohibition by reverting to the kind of overtly racist rhetoric originally deployed by Henry Anslinger when this failed policy was first implemented.

It is important to remember: Marijuana prohibition perpetuates institutional racism and is itself being perpetuated by racists.

“What you really need to do is go back in the ’30s, when they outlawed all types of drugs in Kansas (and) across the United States,” Kansas Rep. Steve Alford said. “What was the reason why they did that? One of the reasons why, I hate to say it, was that the African Americans, they were basically users and they basically responded the worst off to those drugs just because of their character makeup, their genetics and that.”

Watch the video:

Read more here.

Help us fight back against this unacceptable and disgusting ideology. Click HERE to send your Senators a message in support of the Marijuana Justice Act, which would deschedule marijuana and begin to dial back the devastating impact our nation’s war on marijuana has had on communities across the country.

NORML Blog, Marijuana Law Reform

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Oklahoma: Voters To Decide In June On Sweeping Medical Marijuana Ballot Initiative

3410000930_95fc2866fa_zOklahoma voters will decide this June on State Question 788 — a statewide ballot measure legalizing the use, cultivation, and distribution of medical cannabis to qualified patients.

Oklahomans will vote on the issue on June 26 during the primary election. Republican Mary Fallin set the date via an executive proclamation, issued yesterday.

State Question 788 permits physicians to recommend cannabis therapy to patients at their discretion. Patients possessing a state-issued medical license are permitted to engage in cannabis possession or cultivation, or they purchase marijuana products from a licensed dispensary.

Initiative proponents gathered sufficient signatures to place the issue before voters in 2016. However, the vote was postponed because of litigation over contested ballot title language. In a 7 to 1 ruling in April, justices rejected the state attorney general’s rewording of the initiative’s ballot title, which proponents had argued was purposely misleading, and ordered that the measure’s initial language be restored.

Under Oklahoma law, the cultivation or distribution of cannabis is classified as a felony offense punishable by up to life in prison.

Proponents of separate statewide medical cannabis initiatives are gathering signatures in Missouri and Utah. Proponents of a medical marijuana initiative in South Dakota have turned in their signatures and are awaiting a review by the Secretary of State’s office. In November, proponents of a voter initiative effort to legalize and regulate the personal use and retail sale of cannabis in Michigan turned in more than 360,000 signatures in an effort to qualify the measure for the November 2018 ballot.

NORML Blog, Marijuana Law Reform

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Democrats and Republicans Reject Recent Action by AG Sessions

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Following yesterday’s announcement by the DOJ that Attorney General Jeff Sessions had rescinded the Cole Memo, an Obama-era memorandum issued by Attorney General James Cole in 2013, federal lawmakers on both sides of the aisle quickly denounced the decision.

Reject AG Sessions’ Efforts to Revert to the Failed Criminal Policies of the ‘Just Say No’ Era

In addition to taking to the floor of the Senate to express his frustrations, Senator Cory Gardner (R-CO) continued to vent on Twitter. He had this to say:

“This reported action directly contradicts what Attorney General Sessions told me prior to his confirmation. With no prior notice to Congress, the Justice Department has trampled on the will of the voters in CO and other states.”

Sharing some of the same frustrations as her counterpart in the Senate, Representative Tulsi Gabbard (D-HI) shared the following in a email to supporters:

“Sessions’ actions to protect the bottom lines of the for-profit private prison industry, and Big Pharma whose opioids and drugs flourish in part due to the marijuana prohibition, while trampling on states’ rights and turning everyday Americans into criminals, is the latest injustice that the Attorney General has suffered on the American people.”

Being the cosponsor of pending legislation, that if passed by Congress would stop AG Sessions in his tracks, Representative Gabbard also took a minute to encourage support for her bill, HR 1227:

“I am calling on every member of Congress to take up the Ending Federal Marijuana Prohibition Act to remove marijuana from the list of federally controlled substances.”

With prominent Democrats and Republicans promising a fight and threatening to derail DOJ nominations, and thousands of calls and emails from activists asking lawmakers to reject Mr. Sessions’ misguided plan, it appears that political courage comes in many forms.

To join the fight, take a few minutes to contact your representative and encourage their support for HR 1227: The Ending Federal Marijuana Prohibition Act: http://norml.org/action-center/item/federal-bill-introduced-to-end-federal-marijuana-prohibition and email Chapters@NORML.org for a list of upcoming meetings and lobby days.

NORML Blog, Marijuana Law Reform

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Vermont State House Passes Marijuana Legalization

Legalize marijuanaMontpelier, Vermont: Just hours after US Attorney General Jeff Sessions rescinded Obama-era guidelines instructing US attorneys to take a ‘hands off’ approach in states with legal marijuana regulations, lawmakers in the Vermont House voted to legalize the personal possession and home cultivation of marijuana by a vote of 81 to 63. The measure now goes back to the Senate for a concurrence vote before going to the Governor, who has indicated that he will sign the bill into law.

Passage of legalization in Vermont in 2018 would be a legislative first. To date, all eight states that have enacted adult use regulatory laws, as well as the District of Columbia have done so by a direct vote of the people.

The progress in Vermont is groundbreaking. Should the Green Mountain State’s leadership move forward as promised, it will mark a huge turning point in the national movement to end the criminalization of marijuana. 

One in five Americans resides in a jurisdiction where the adult use of cannabis is legal under state statute, and the majority of citizens reside someplace where the medical use of cannabis is legally authorized. As is evidenced by Vermont lawmakers’ actions, it is clear that the Trump administration is not going to be able to cease this momentum in favor of the enactment of rational marijuana policies.

The political courage of Vermont’s lawmakers to break with nearly a century of legislative stagnation should be interpreted as a siren call in the halls of the state legislatures nationwide as well as the U.S. Capitol.

You can follow the progress of the legislation on our Vermont Action Alert by clicking here.

NORML Blog, Marijuana Law Reform

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FROM THE DESK OF THE KY AG COMMISSIONER RYAN QUARLES

Grass-Oval-Sticker

Ryan F. Quarles

Commissioner

KY Department of Agriculture

Friends,

As we start 2018, I wanted to give you an update on the status of the Kentucky Department of Agriculture’s (KDA) Industrial Hemp Research Pilot Program.

2017 was a good year, and we did much to put this crop on a path towards commercialization in Kentucky once Congress acts to remove industrial hemp from the federal list of controlled substances.

Last year, our growers planted more acres of hemp than ever before, with more than 3,200 acres and another 46,000 square feet in indoor facilities. I am happy to report to you that we have approved more than 12,000 acres for industrial hemp research in 2018.

We also have more processors than ever before, filling a huge research need, and allowing us to explore the many applications of industrial hemp. It is imperative that Kentucky attract processors to drive innovation and spur economic development.

By now, applicants have been notified whether or not their 2018 grower applications were approved. Once conditionally approved applicants have attended mandatory training, the KDA will begin issuing licenses in March for the 2018 growing and processing season.

As you may know, I have still not received a formal response from the DEA, USDA and FDA regarding its 2016 Statement of Principles on Industrial Hemp (SOPIH). This is disappointing. I sent another letter to the DEA last month requesting a response to our concerns about the SOPIH and also for a meeting to discuss my concerns. You can read my comments here and watch my video message to the DEA here. Specifically, recent statements by a DEA spokesperson claims that consumable hemp-derived product is illegal to consume, a view which we are currently pushing back against.

I am hopeful that 2018 will be a great year for agriculture all around, and specifically for our industrial hemp research pilot program. I want you to know that if you ever need anything from the KDA’s team, please don’t hesitate to contact a member of KDA’s Hemp Staff.

Happy New Year!

Ryan F. Quarles

Commissioner

KY Department of Agriculture

105 Corporate Drive

Frankfort, KY  40601

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Attorney General Jeff Sessions To Crackdown On State-Legal Marijuana

Screen Shot 2017-11-14 at 7.32.58 PMAttorney General Jeff Sessions is set to rescind the Department of Justice’s policy towards state-legal marijuana.

“By rescinding the Cole Memo, Jeff Sessions is acting on his warped desire to return America to the failed beliefs of the ‘Just Say No’ and Reefer Madness eras. This action flies in the face of sensible public policy and broad public opinion. The American people overwhelmingly support the legalization of marijuana and oppose federal intervention in state marijuana laws by an even wider margin. This move by the Attorney General will prove not just to be a disaster from a policy perspective, but from a political one. The American people will not just sit idly by while he upends all the progress that has been made in dialing back the mass incarceration fueled by marijuana arrests and destabilizes an industry that is now responsible for over 150,000 jobs. Ending our disgraceful war on marijuana is the will of the people and the Trump Administration can expect severe backlash for opposing it,” said Erik Altieri, NORML Executive Director.

The Cole Memo, a Justice Department memorandum, authored by former US Deputy Attorney General James Cole in 2013 to US attorneys in all 50 states, directs prosecutors not to interfere with state legalization efforts and those licensed to engage in the plant’s production and sale, provided that such persons do not engage in marijuana sales to minors or divert the product to states that have not legalized its use, among other guidelines.

During a Q and A with reporters in Richmond, VA in March of 2017, Jeff Sessions said, “The Cole Memorandum set up some policies under President Obama’s Department of Justice about how cases should be selected in those states and what would be appropriate for federal prosecution, much of which I think is valid,”

Additionally in 2017, Washington Gov. Jay Inslee (D), Colorado Gov. John Hickenlooper (D), Oregon Gov. Kate Brown (D) and Alaska Gov. Bill Walker (I) issued a letter to the new U.S. Attorney General and to Secretary of Treasury Mnuchin calling on them to uphold the largely ‘hands off’ policies toward marijuana legalization, as outlined in the Cole Memo. “Overhauling the Cole Memo is sure to produce unintended and harmful consequences,” the governors wrote. “Changes that hurt the regulated market would divert existing marijuana product into the black market and increase dangerous activity in both our states and our neighboring states.”

Currently, medical marijuana protections are still in effect, known as the Rohrabacher-Blumenauer amendment. Since 2014, members of Congress have passed annual spending bills that have included a provision protecting those who engage in the state-sanctioned use and dispensing of medical cannabis from undue prosecution by the Department of Justice. The amendment, known as the Rohrabacher-Blumenauer Amendment, maintains that federal funds cannot be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

“At a time when the majority of states now are regulating marijuana use in some form, and when nearly two-thirds of voters endorse legalizing the plant’s use by adults, it makes no sense from a political, fiscal, or moral perspective for Attorney General Sessions to take this step” said NORML Political Director Justin Strekal. “It is time that members of Congress take action to comport federal law with majority public opinion and to end the needless criminalization of marijuana — a policy failure that encroaches upon civil liberties, engenders disrespect for the law, and disproportionately impacts communities of color.”

“If the Trump administration goes through with a crackdown on states that have legalized marijuana, they will be taking billions of dollars away from regulated, state-sanctioned businesses and putting that money back into the hands of drug cartels,” Strekal concluded.

NORML Blog, Marijuana Law Reform

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Study: Marijuana Use Not Linked With Reduced Motivation

Legalization in DCNeither the occasional nor the heavy use of marijuana by adolescents is associated with decreased motivation, according to clinical data published online ahead of print in the journal Substance Use & Misuse.

A team of Florida International University researchers assessed the relationship between cannabis use and motivation in 79 adolescent subjects. Participants consisted of both long-term regular consumers and occasional users. Investigators assessed subjects’ motivational tendencies through the use of two validated tools, the Apathy Evaluation Scale and the Motivation and Engagement Scale.

Authors reported: “After controlling for confounds, no significant differences were observed between regular and light users on any motivation index. Similarly, no associations between motivation and lifetime or past 30-day cannabis use amount were observed.”

They concluded, “Our findings do not support a link between reduced motivation and CU among adolescents after controlling for relevant confounds.”

An abstract of the study, “Is cannabis use associated with various indices of motivation among adolescents?”, appears here.

NORML Blog, Marijuana Law Reform

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