The following is a summary of the current status of industrial hemp at the national and state levels.
Federal Laws
The first federal law restricting hemp production
was the Marihuana Tax Act of 1937. This
measure placed all
Cannabis sativa under federal
regulation, requiring growers, importers, and
processors of this crop to be registered and
taxed. Industrial hemp production was further
restricted when the Controlled Substance Act of
1970 categorized any product containing THC as
a Schedule I drug, regardless of narcotic content
level or use. As a result, the cultivation of all
C. sativa
, including industrial hemp, is now strictly
regulated by the federal government. Hemp
production requires a permit from the Drug
Enforcement Administration (DEA) in the
Department of Justice. Permits are issued at
the sole discretion of the DEA and require the
applicant’s adherence to strict security protocols.
A federal bill, The Industrial Hemp Farming Act
of 2005 (HR 3037), was brought before Congress
in June 2005. The bill proposed to amend the
Controlled Substances Act to exclude industrial
hemp varieties of
C. sativa from the definition
of marijuana. In addition, the licensing of hemp
production would be placed into the hands of
state governments and, thereby removed from
federal regulation. The proposed law did not
seek to change the illegal status of marijuana.
This bill was reintroduced in 2007 (HR 1009), in
2009 (HR 1866), and again in 2011 (HR 1831).
The Senate companion bill (S 3501), cited as
The Industrial Hemp Farming Act of 2012, was
introduced in August 2012. Both HR 1831 and
S 3501 have been referred to the Committee on
the Judiciary for consideration.
State Laws
Kentucky state law echoes federal law by defining
marijuana as “all parts of the plant Cannabis sp.,
whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or
resin or any compound, mixture, or preparation
which contains any quantity of these substances”
(KRS 218A.010 paragraph 18). Industrial hemp
is included in this definition, making it illegal to
produce this crop in Kentucky for any purpose
(KRS 218A.1423).
However, in 1994, in response to renewed
interest in industrial hemp, then Governor
Brereton Jones established a special task force
to investigate the potential of fiber crops in
Kentucky. The Governor’s Hemp and Related
Fiber Crops Task Force mainly examined hemp,
although kenaf and flax were also included in
their study. Crop history, agronomic aspects of
fiber crops, legal issues, and potential markets
were examined. The Task Force saw the legal
restrictions on hemp as a significant barrier to
the research and development of a Kentucky
hemp industry. Subsequently, economic studies
were conducted by the Center for Business and
Research at the University of Kentucky (1998)
and the University of Kentucky Department of
Agricultural Economics (1997-2001).
A resolution (HJR 121) requesting the DEA alter
its stand on industrial hemp and allow stateregulated
industrial hemp production died in the
Kentucky Senate in 2000. The same year, a bill
relating to industrial hemp research (HB 855)
was introduced to the Legislature, but the session
ended with no action. However, a similar bill
was proposed in January 2001 (HB 100) and
was passed into law during June of the same
year. This Act (KRS 260.850 to 260.869)
created an industrial hemp research program
to be administered by the KDA working in
cooperation with a selected Kentucky university
or universities. The Kentucky Industrial
Hemp Commission was established to monitor
the program and to make recommendations
to the Governor. In addition, HB 100 states
that Kentucky will adopt the federal rules and
regulations regarding industrial hemp, including
any changes that might occur in the future.
Therefore, amendments or changes to the
Kentucky SB 131 was introduced in 2009 to create
additional sections of KRS Chapter 260. This bill
set forth licensing and regulatory requirements
for those wanting to grow or process industrial
hemp in Kentucky. The bill, which was referred
to the Senate Agriculture Committee in February
2009, died in committee.
DEA Permits
A number of other states besides Kentucky have
passed laws permitting some aspect of hemp
production. However, even with favorable state
laws, potential growers, including researchers,
must obtain a DEA manufacturer’s permit to
produce hemp. DEA application requirements
include a nonrefundable fee, FBI background
checks, and extensive documentation. In addition,
the applicant must be able to demonstrate that
effective security protocol will be in place at the
production site. These normally include security
fencing around the planting, a 24-hour monitoring
system, controlled access, and possibly aroundthe-
clock armed guard(s).
Hawaii has the distinction of being the first and
only state to ever receive a DEA permit for the
production of hemp. The small ¼-acre University
of Hawaii research plot was surrounded with a
12-foot chain link fence topped with razor wire
and monitored with a 24-hour security system
and infrared surveillance. The permit was issued
in 1999 and has since expired.
Summary
While current federal law does not technically
prohibit industrial hemp production, it is illegal
to grow this crop without a government-issued
permit.