Tag Archives: industrial hemp

Big News for the Organic Certification of Hemp

The public’s desire for organic products continues to grow. This is equally true for cannabis and hemp-derived products, especially where they are being used for medicinal purposes. The U.S. Department of Agriculture (USDA) has issued regulations setting out standards setting out specific requirements that must be met for an agricultural product to be labeled “organic”. In order to be able to include the USDA’s organic certified seal on a product’s packaging, a USDA-accredited certifying agency must verify that the product meets USDA’s regulations. This USDA certification provides many benefits, including, for example, premium prices for products. So why haven’t we seen many certifications for hemp products?

Back in 2016, the USDA, in conjunction with the U.S. Drug Enforcement Administration and the U.S. Food and Drug Administration, issued a Statement of Principles on Industrial Hemp concerning the applicability of Federal law to industrial hemp programs after the 2014 Farm Bill, but the ability to gain organic certification for hemp products was unclear. The USDA also issued Instruction: Organic Certification of Industrial Hemp Production (updated in September 2018), which stated that industrial hemp produced in accordance with the 2014 Farm Bill could be certified if it met all of the requirements of USDA’s organic regulations. The problem was that under the 2014 Farm Bill only certain parts of the hemp plant (e.g., the stalk and non-viable seeds) were permitted to seek organic certification. And, actually, some hemp seed products have received USDA organic certification.

Continue reading Big News for the Organic Certification of Hemp

California Industrial Hemp Registration is Now Open

On April 30, 2019, the California Department of Food and Agriculture (CDFA) made available registration applications to cultivate industrial hemp. The CDFA’s approved regulations require, among other things, a prospective cultivator to register with the county agricultural commissioner where the cultivator is located and pay a $900 registration fee.

However, even though applications are now live, several counties throughout California still restrict or prohibit the cultivation of hemp. The CDFA has identified the following counties as restricting hemp cultivation: Amador, Calaveras, Glenn, Humboldt, Lassen, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Sacramento, San Bernardino, San Joaquin, Santa Barbara, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.

It remains unclear how these current regulations will be affected by the Agricultural Improvement Act of 2018 (2018 Farm Bill). Under the 2018 Farm Bill, the CDFA is required to submit its hemp-production plan to the United States Department of Agriculture (USDA) for approval but as of the date of this post the USDA has not issued regulations relating to that review. Additionally, it is unclear how this program will operate in the interim under the 2014 Farm Bill. We will continue to watch as this program develops alongside the USDA’s 2018 Farm Bill program.

David Feldman

Hemp Growing Again on Mount Vernon

In a rather symbolic moment in the march to the legalization of industrial hemp, the caretakers at George Washington’s Mount Vernon farm announced in May (although it has only recently received news attention) that they have planted a small crop of industrial hemp. They are doing so under Virginia law and say they are going to use the plant  “as an interpretative tool to help better tell the story of Washington’s role as a farmer.

As many know, hemp was a critical crop in Colonial times and some states, including Virginia, actually required farmers to grow it. Hemp was used particularly to make rope, thread, canvas and sailing cloth. Washington’s primary crop actually was hemp. Thomas Jefferson grew hemp as well.

The Mount Vernon farmers intend to use the hemp they grow to give fiber-making demonstrations at the site, which is owned by the Mount Vernon Ladies Association of the Union. They bought the site from Washington’s descendants in 1858 for $200,000 and now about a million visitors each year tour the facility. Many do not realize that Mount Vernon is not owned by the Federal government and is not a national park.

Hemp, while derived from the cannabis plant, contains no THC and has no psychoactive effects.  In June, the Senate passed a farm bill that included language effectively legalizing industrial hemp. However, the House version of the bill is silent on hemp, and a conference to deal with the differences is being arranged. Senate Majority Leader Mitch McConnell (R-KY) is a strong supporter of legalizing hemp, which many believe will help sway some skeptical House Republicans to support those provisions.

David Feldman

Senate Passes Bill Legalizing Industrial Hemp

The US Senate, by an overwhelming 86-11 vote, last week approved the sweeping Farm Bill containing language which fully legalizes industrial hemp. As we know, hemp, which is derived from cannabis plants, is used to make products from rope to clothing and does not contain THC, the psychoactive part of the plant. In colonial days hemp was so crucial that farmers, like George Washington, were legally required to grow it.

Most believe the House will follow suit. Hemp has not been legal on a federal level since federal criminalization of cannabis in the 1930s. Many believe that occurred in part because of fears of hemp competing with powerful timber interests and DuPont’s then new patent on nylon.  After the 1930s bill was declared unconstitutional in 1968, the Nixon Administration helped orchestrate passing the Controlled Substances Act. That law, still in force, declared all parts of the cannabis plant as Schedule I drugs, as dangerous as heroin and LSD. A top Nixon aide later admitted, “Did we know we were lying about the drugs? Of course we did.” Constitutional challenges thus far have been unsuccessful.

Legalization of hemp could yield a variety of products that previously could only be produced with imported hemp. These could include food, building materials, paper products and many others. Currently, it it believed that China is the largest producer of hemp, since it is legal to do so in a number of Chinese provinces. They started farming it during the Vietnam War to make more breathable uniforms for their soldiers in the intense heat. This Senate vote is indeed a significant step towards relaxation of federal cannabis regulation.

 

David Feldman

McConnell Supports Industrial Hemp Legalization

Senate Majority Leader Mitch McConnell (R-KY) announced a plan on Monday to introduce federal legislation to remove industrial hemp as a Schedule I drug under the Controlled Substances Act (CSA). Citing hemp as important to Kentucky’s farming history, he voiced his most positive support to date for this action. McConnell remains opposed to other legalization of cannabis.

Hemp is used to make clothing, paper and other products, is not ingested and contains virtually no THC, which is the psychoactive part of the cannabis plant. In colonial days, hemp was grown throughout the US, and in fact was required to be grown in states like Virginia where it was needed to make rope for boats. George Washington and Thomas Jefferson both grew hemp on their farms. China is now reported to be the largest producer of hemp, having geared up in the 1970s to make more breathable uniforms for their soldiers in steamy Vietnam.

In the 1930s, timber and nylon scions like DuPont and William Randolph Hearst saw hemp as a potential competitor and reportedly worked with the federal government to make all cannabis byproducts illegal in the US. Nixon doubled down in 1970 with the CSA simply continuing the prior prohibition on everything coming from the plant.

While it’s not clear when a bill will actually be presented to Congress, the AP says McConnell said about hemp, “It’s now time to take the final step and make this a legal crop.” Many think the next move could be to legalize CBD (cannabidiol), which contains many of the medical benefits of cannabis with negligible amounts of THC.

Hemp Research Expansion in Pennsylvania

Seth Goldberg
Seth A. Goldberg

On December 7, 2017, Pennsylvania Governor Tom Wolfe expanded the Commonwealth’s Hemp Research Pilot Program to allow up to 100 licensed growers and more than 5,000 acres to be grown under the Hemp Research Pilot Program in 2018. The expansion from 30 licensed growers and just 50 acres allowed in 2017, reflects the strong success of the program in it’s inaugural year.

Although a member of the family of cannabis sativa that includes marijuana, hemp does not contain levels of THC that produce psychoactive effects, so it is regulated differently than marijuana. Whereas growing, processing, distributing and consuming marijuana are still federally prohibited under the Controlled Substances Act, industrial hemp has seen a revival around the U.S. because its growth, processing and distribution for research purposes is permitted under the 2014 Federal Farm Bill.

Importantly, the expansion of Pennsylvania’s industrial hemp program, and the industrial hemp programs in other states that traditionally raised large tobacco crops, may be helpful to local economies that have been impacted by declines in tobacco growth.

There are more than 25,000 products and/or uses derived from industrial hemp. Research under the PA program includes, among other things, planting methods, such as seed variety trials, fiber or seed yields, optimum fertility levels, pest management; harvesting techniques or product marketing options; or conservation, remediation or biofuel.

Those interested in participating in 2018 must apply for a permit by January 19, 2018 and meet the requirements of the program.  More information can be found at the PA Dept. of Agriculture’s website: