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Hemp industry decries Sessions’ new weed war

http://theleafonline.com/c/business/2018/01/hemp-industry-denounces-sessions-cannabis-war/

The Hemp Industries Association, the leading non-profit trade association for 24 years representing hundreds of hemp businesses, has announced that the January 4 announcement by US Attorney General Jeff Sessions does not appear to affect industrial hemp farming. The HIA acknowledged that the recent action by Sessions is cause for concern but asserted that this change does not give way to concern for the hemp industries.
HIA 2017 Kentucky farm KY hemp field UK university research

A Kentucky farm KY hemp field at UK university rustles in the autumn breeze. The HIA says the crops are safe … for now.

Nonetheless, the organization repudiated and denounced Session’s move, in which the federal Department of Justice rescinded five memoranda issued under President Obama to provide guidance on criminal prosecution of marijuana-related offenses for its impact on social justice and chilling effect on investment. These memos were always discretionary, but combined with the appointment of prohibitionist prosecutors under Trump, the risk is exacerbated.
“A step backward”

While the rollback does not appear to directly affect industrial hemp cultivation, which is included in the Farm Bill, it does add a stigma to hemp and and could be used to interfere with hemp-derived CBD and existing and proposed state agricultural and manufacturing programs.
Hemp Industries Association Vice President Beckerman plant field flowers CBD

HIA VP Beckerman in a Kentucky industrial hemp field, 2017. Photo by Mikki Norris.

“This decision is a step backward for US Cannabis policy, and boldly ignores voters who overwhelmingly support marijuana legalization,” said Joy Beckerman, Hemp Industries Association Board Vice President. “If anything, the threat by the Department of Justice to crack down on state-legal marijuana could result in spurring Congress to once-and-for-all act to fully and finally protect the growth and expansion of the new American hemp economy.”
Policy shift targets states, finance and tribal lands

“As we extol our optimism regarding industrial hemp, we must also make it clear that the HIA does not support the recent rescission action by the Department of Justice,” said HIA Executive Director Colleen Keahey. The five memoranda collectively addressed medical use of marijuana; general enforcement of marijuana laws; marijuana-related financial crimes; and marijuana issues on tribal lands.
Hemp Industries Association HIA Colleen Keahey 2017

Executive Director Keahey

Because the definition of “marihuana” under the Controlled Substances Act does not distinguish between marijuana and industrial hemp, the rescinded guidance memoranda all implied inclusion of — and effectively gave some protection to — industrial hemp farming programs. The DEA already claims that cannabidiol derived from industrial hemp falls under its jurisdiction, an argument rejected by the hemp industry because CBD can be derived from hemp that is below the agricultural limit of 0.3 percent or less THC in the flower.
Cole memorandum on medical use

The best known of these memoranda was issued by Deputy Attorney General James M. Cole on August 29, 2013. In it, the Department of Justice announced a general policy of non-enforcement of federal marijuana law in states that had instituted their own “strong and effective regulatory and enforcement systems,” which served to protect public health and safety and did not implicate certain federal law enforcement priorities.
cannabidiol CBD molecule structure atom

CBD molecule

“This rescission stands to impact important business relationships that exist between industrial hemp brands and hemp product manufacturers,” added Keahey, “and the legal retail marijuana market. Marijuana retailers reach a focused pro-Cannabis market where hemp clothing, food, paper, plastics and hemp-derived CBD product sales are known to perform well.”

The Hemp Industries Association (HIA) represents the interests of the hemp industry and encourages the research and development of new hemp products. The HIA has successfully sued the DEA in the past and continues to litigate on behalf of hemp businesses.

The collection of federal memoranda had established a general policy of federal non-interference in otherwise state-legal enterprises engaged in cultivation, processing and sale of marijuana, as well as industrial hemp plants and products. The January 4 announcement by Attorney General Sessions has given rise to questions about the continued sustainability of industrial hemp in states where such activities are legal.
Hemp has additional protections

It is the position of the Hemp Industries Association that industrial hemp remains protected under exemptions to the Controlled Substances Act, per §7606 of the Agricultural Act of 2014 (the “Farm Bill”), which permits the cultivation of industrial hemp by institutions of higher education and under state agricultural pilot programs, as defined for purposes of research.

Chris Conrad’s latest book is a great introduction to cannabis, how it affects you and how the industry is taking shape.

Additionally, the U.S. Consolidated Appropriations Acts of both 2016 and 2017 include a provision that disallows the use of federal funds “to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with the [Farm Bill] within or outside the State in which the industrial hemp was grown.”

This further precludes the Department of Justice from pursuing legal action against Farm Bill compliant hemp farming, processing, manufacturing and commerce.

Hence, while the recent developments by the Department of Justice regarding marijuana are concerning, the Hemp Industries Association stands firm that industrial hemp business activities will continue to expand and flourish in the United States.
The Sessions effect: Fear and confusion

The HIA will share calls-to-action regarding necessary amendments to the U.S. Industrial Hemp Farming Act (HR 3530), related hemp legislation, including Industrial Hemp Banking Act (HR 4711), as well as the association’s position on the next Farm Bill. The HIA will continue to be work with fellow hemp organizations in support of pro-hemp policies to ensure the Farm Bill offers more comprehensive language to improve and expand upon the reintroduction of industrial hemp as an agricultural commodity in the US.