LAW SBM 0856 [021] Industrial Hemp: Why Is Industrial Hemp [Still] Illegal? Beka Vinogradov

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1 LAW SBM 0856 [021] Industrial Hemp: Why Is Industrial Hemp [Still] Illegal? Beka Vinogradov Summer II 2010

2 Beka Vinogradov LAW SBM 0856 [021] Research Paper 09 August 2010 The Truth about Industrial Hemp: Why is Industrial Hemp [Still] Illegal? Long ago when these ancient Grecian temples were new, hemp was already old in the service of mankind. For thousands of years, even then, this plant had been grown for cordage and coarse cloth in China and elsewhere in the East. For centuries prior to about 1850 all the ships that sailed the western seas were rigged with hempen rope and sails. For the sailor, no less than the hangman, hemp was indispensable. 1 So begins Hemp for Victory, a short film released in 1942 by the United States Department of Agriculture aimed at farmers to promote hemp cultivation during World War II. Industrial Hemp has long been used all over the world, in fact, it was so vital during WWII that its farmers were excused from military duty 2. It could be used for cloth, food, everything; even the USS Constitution, Old Ironsides, had a rope, sails, and anchor cable 25cm in circumference made of hemp (for a total of nearly 60 tons) 3 and then the DEA showed up. First, the Drug Enforcement Administration established the Domestic Cannabis Eradication and Suppression Program (DCE/SP) in 1957, bringing hemp production to a screeching halt. Then, the Controlled Substances Act of 1970 (21 U.S.C. 812), which made Industrial Hemp production about as taboo as actual marijuana. So, why was hemp really banned in the first place and why is it still illegal? Before these questions can be answered, it s crucial to understand the difference between industrial hemp and actual marijuana. Hemp and marijuana belong to the same species 1 Hemp for Victory. 1942, USDA. 2 Vinogradov, The Truth about Industrial Hemp. 3 Vinogradov, The Truth about Industrial Hemp. 2

3 (Cannabis sativa), but are genetically different. The primary distinctions between them are based on their levels of Tetrahydracannabinol (THC), the psychoactive drug component in marijuana, and what they are used for. While marijuana as a narcotic usually contains between 3-15% 4 THC, industrial hemp generally only has trace amounts, around 0.3% 5. What this means is that the Cannabis sativa which grows naturally (without intentional cultivation) is not the same plant that people smoke 6, and in turn the varieties of the plant grown for drug use are of substandard quality for industrial use 7. Production practices for marijuana and hemp differ, with each aimed at maximizing the specific plant characteristics needed for their respective end uses. 8 Unfortunately, the two nearly-identical crops can only be distinguished [with confidence] by chemical analysis, and herein lay the problem. In 21 U.S.C.S. 802(16), Congress (not the DEA) defines marijuana as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Excepted from the definition are the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination U.S.C. 812(c) defines any material which contains any quantity of tetrahydracannabinols as a Schedule I narcotic and thus, susceptible to regulation. Under section (b) of 21 U.S.C. 812, Schedule I narcotics must 4 University of Kentucky College of Agriculture, Industrial Hemp. 5 Thames/NAIHC, Hemp as a Potentially Important Crop and Area of Research." 6 Vinogradov, The Truth about Industrial Hemp. 7 University of Kentucky College of Agriculture, Industrial Hemp. 8 University of Kentucky College of Agriculture, Industrial Hemp. 9 New Hampshire Hemp Council Inc. v. Marshall, DEA. 203 F.3d 1. 3

4 meet three basic requirements: the drug must have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use of the drug under medical supervision. Subsequently, it seems clear that the CSA does not differentiate between regulation for industrial hemp and marijuana. Additionally, the interpretation for legislation states that, should the language of a statute be unambiguous, it should be enforced as it was written unless there is clear evidence to the contrary 10. Moreover, according to 447 F.3d 1067, because the CSA fails to make a distinction between regulations for the two crops, and because hemp farming requires growing the entire marijuana plant which at some point contains psychoactive levels of tetrahydracannabinols, the Controlled Substances Act is therefore legally able to regulate hemp farming. This was preceded by 203 F.3d 1 in which the court ruled that, even though the plant intended for industrial products is useless to supply enough THC to possess psychoactive properties, problems of detection and enforcement easily justify a ban broader than the psychoactive variety of the plant. As mentioned at the beginning of this paragraph, the two crops (marijuana and hemp) look almost exactly alike, and therein lay the problem. Since it s impossible to establish THC potency without a chemical analysis, Congress and the DEA have joined forces and decided that it is easier to eradicate Cannabis sativa as a whole rather than just the variety grown for narcotic use. While marijuana and hemp were previously set apart by tax costs in the Marihuana Tax Act of 1937, the Controlled Substances Act failed to adopt this distinction. Essentially what this means is that industrial hemp was banned and continues to be illegal solely based on the presence of δ-9- tetrahydracannabinol (THC) United States v. White Plume, 447 F.3d Thames/NAIHC, Hemp as a Potentially Important Crop and Area of Research." 4

5 On the other side of the spectrum, there are farmers, politicians, and even universities who see how crucial hemp is to the United States, and how beneficial cultivation within its borders could be. Over 30+ countries harvest hemp for industrial use, meanwhile the United States is the only industrialized nation is which hemp farming is prohibited 12. Hemp is utilized in nearly every industry, including food, cosmetics, textiles, fashion, manufacturing, even as a biofuel, but all of the hemp used within the United States is imported from other countries, such as Canada. Thankfully, some action is being taken to gain access to a legalized hemp cultivation industry in the United States, including HR 1866, brought forth by State Representatives Ron Paul (R TX) and Barney Frank (D MA). The Industrial Hemp Farming Act (HR 1866) would require the federal government to respect laws made by states permitting the growth and cultivation of industrial hemp 13. As of 2007, there were twenty-eight states that had attempted to introduce hemp legislation with fifteen states succeeding in doing so 14. As of this year [from my understanding], North Dakota is the only state issuing licenses to farmers with permission to grow hemp 15. The legalization of industrial hemp would provide a multitude of improvements on the quality of life [in the United States] in many different ways. Hemp is much gentler on the environment than a product such as cotton which makes up for 1% of U.S. farmland, but requires nearly 50% of all pesticides 16. Additionally, its cultivation would result in countless jobs in countless renewable sustainable hemp-related industries. 17, including the nation s gas and oil requirements. Furthermore, a new commodity for competition would absolutely boost our 12 RonPaul.com, Ron Paul and Barney Frank Introduce Hemp Farming Legislation - HR RonPaul.com, Ron Paul and Barney Frank Introduce Hemp Farming Legislation - HR Kerr, Testimony on Oregon Senate Bill 348 to re-legalize industrial hemp in Oregon. 15 Vote Hemp, Legislative Session Vinogradov, The Truth about Industrial Hemp. 17 Thames/NAIHC, Hemp as a Potentially Important Crop and Area of Research." 5

6 struggling economy and increase profits due to businesses being able to avoid tariffs on imported hemp. Finally, it would continue to boost the United States economy because, through eliminating the DEA s DCE/SP, millions of public tax dollars [previously spent on the DCE/SP] could be put to better use in other programs e.g. public libraries or having more resources for real crimes. As both sides of this exceedingly controversial issue are broken down, the truth begins to seep out. Upon closer examination, it seems all of the opponents to legalization are fighting their case with archaic laws that seem to circle around each other with no end in sight, and no clear explanation of why this is still happening. The benefits so heavily outweigh any potential detriment from legalizing hemp in nearly every situation, be it environmental issues, (un)employment concerns, economic struggles, etc. It seems absurd that something such as an unambiguous statute could cause so much inconvenience as well as harm to so many businesses and individuals. Personally, I believe that the DCE/SP should be stopped immediately and the Controlled Substances Act be reevaluated to provide a more sensible definition of marijuana and just what it can be used for (perhaps even spelling it correctly, rather than the way it was spelled in 1937). With so few changes being made since then [1937], the DEA s outdated laws and statutes are no longer realistic in the present state of the world. As Thomas Jefferson once said, Hemp is of first necessity to the wealth and protection of the country and I believe these truths to be selfevident. The Cannabis sativa plant needs to be examined more carefully, distinctions should be made between what many are now realizing is a relatively cheap and essential crop to our society and culture, rather than just a narcotic substance (though this no longer fully adheres to the distinctions for a Schedule I narcotic under 21 U.S.C. 812(b) either). The benefits to industrial 6

7 hemp must be further publicized and advertised, and the general public made aware. As more states begin to see hemp for what it really is, perhaps the U.S. will finally be permitted to enter the hemp market. 7

8 Works Cited 21 U.S.C. 812: US Code - Section 812: Schedules of Controlled Substances. Hemp for Victory United States Dept. of Agriculture. Kerr, Andy. Testimony on Oregon Senate Bill 348 to re-legalize industrial hemp in Oregon. NAIHC. North American Industrial Hemp Council, 24 Apr Web. 20 July < Montgomery, David. Where to Go to Sow Protest? DEA Grass; Activists Dig Into Symbolism in Effort To Legalize Hemp. The Washington Post. Met 2 ed LexisNexis Academic. Web. 20 July New Hampshire Hemp Council Inc. v. Marshall, DEA. 203 F.3d 1 (1st Cir. 2000). Roig-Franzia, Manual. Savoring a stash of history; Hemp advocates look toward the past, and the Pentagon, to reclaim higher ground. The Washington Post. Suburban ed LexisNexis Academic. Web. 21 July RonPaul.com. Ron Paul and Barney Frank Introduce Hemp Farming Legislation - HR RonPaul.com. Representative Ron Paul (R-TX), 3 Apr Web. 27 July < Thames, Dr. Shelby F., and North American Industrial Hemp Council (NAIHC). Hemp as a Potentially Important Crop and Area of Research. NAIHC. North American Industrial Hemp Council, n.d. Web. 18 July < United States v. White Plume, 447 F.3d 1067, 2006 U.S. App. LEXIS (8th Cir. S.D., 2006). 8

9 University of Kentucky College of Agriculture. Industrial Hemp. UK Cooperative Extension Service. N.p., Oct Web. 21 July < hemp.pdf>. Vinogradov, Beka. The Truth About Industrial Hemp. Socyberty. Triond, 6 Dec Web. 6 Dec < Vote Hemp Legislative Session. VoteHemp.com. Vote Hemp, Web. 26 July < 9

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