Coalition Letter to USDA on Farm Bill Hemp Felony Provisions

June 14, 2019

The Honorable Stephen Alexander Vaden
General Counsel
Office of General Counsel
U.S. Department of Agriculture
1400 Independence Avenue SW
Washington, D.C. 20250

Dear Mr. Vaden:

We write concerning a provision enacted as part of the Agriculture Improvement Act of 2018 (P.L. 115-334) that makes any person convicted within the past ten years of a felony relating to a controlled substance under State or Federal law ineligible to produce hemp in accordance with a State, Tribal or Federal plan and Federal regulations. We urge the USDA to implement the hemp felony ban to apply only to individuals seeking a license or authorization to produce hemp in accordance with a state, tribal or USDA plan.

Although Congress specified that the hemp felony ban should apply to producers, there are many occupational roles that could be interpreted to be involved in hemp production. Should the provision be interpreted in an inappropriately broad manner, state agricultural authorities and the private sector would be required to conduct costly background checks, screen and track workers involved in hemp production operations such as cultivation, processing, packaging and transporting hemp products. Application of the hemp felony ban in this manner through USDA rulemaking would impose unnecessary hardship on states, the agriculture industry and individual farmers to comply with the rule.

We believe a fair reading of the Agriculture Improvement Act of 2018 and the accompanying conference report indicates that Congress intended for this provision to only apply to individuals seeking a license or authorization to produce hemp in accordance with a state, tribal or USDA plan.

The conference report accompanying the Agriculture Improvement Act of 2018 specifies

“negligent and other types of producer violations that require enforcement under a state or tribal plan. One such producer violation includes the felony ban regarding individuals that cannot “participate in state or tribal plans.” The conference report then states that the felony ban “shall not apply to producers” who were lawfully participating in a state hemp pilot program prior to enactment. The felony ban clearly applies to producers.

The Agriculture Improvement Act of 2018 further specifies requirements that must be fulfilled before a producer can participate in a State, Tribal or Federal plan including:

Providing a legal description of land on which the producer produces hemp;
Producing hemp containing less than 0.3 percent THC on a dry weight basis.

These requirements that a producer must meet to lawfully participate in a State, Tribal or Federal plan are consistent with the roles and responsibilities of an individual seeking a license or authorization from the government. The hemp felony ban therefore applies to individuals seeking to obtain and maintain a license or authorization from the government to produce hemp. The hemp felony ban should not apply to any other individuals engaged in lawful hemp production under a State, Tribal or Federal plan, including any individuals employed by a producer.

We therefore urge USDA to follow congressional intent and limit the application of the felony ban only to individuals seeking to obtain a license or authorization to produce hemp in accordance with the Agriculture Improvement Act of 2018.

To further discuss our views, please contact Aline DeLucia with the National Association of State Departments of Agriculture; or Scott Bennett with the American Farm Bureau Federation; or Eric Steenstra with Vote Hemp; or Grant Smith with the Drug Policy Alliance.

Thank you for considering our perspective,

American Farm Bureau Federation
Drug Policy Alliance
National Association of State Departments of Agriculture
Vote Hemp

Vote Hemp Submits Comments to Food and Drug Administration Regarding Regulation of CBD

WASHINGTON, D.C. — Vote Hemp, the nation’s leading grassroots hemp advocacy organization, has submitted comments to the Food and Drug Administration regarding proposed regulatory policies for hemp-derived cannabidiol, or CBD, products. Submitted at the invitation of the Food and Drug Administration, given recent December, 2018 legislation in the Farm Bill to legalize hemp farming in the U.S. and remove hemp from Schedule I of the Controlled Substances Act; Vote Hemp’s proposal for FDA regulation of CBD products focuses on the imperatives to 1) Require that U.S. manufactured CBD products be produced in accordance with FDA standards for dietary supplements; and 2) Assert the importance of FDA acceptance of only plant-derived CBD products within existing framework for dietary supplement manufacturing and labeling; and 3) Have FDA promptly issue an Interim Final Rule with an accelerated effective date authorizing the sale of hemp-derived dietary supplements and foods containing CBD.

To read Vote Hemp’s statement to the FDA, regarding CBD product regulation, please visit: www.VoteHemp.com/fdacomments.

“Vote Hemp is eager to continue this dialog with the Food and Drug Administration, to share our expertise on hemp products and the U.S. market for hemp goods, and ensure that consumers are able to obtain products manufactured according to the same best-practices and requirements for health and safety, that all other herbal dietary supplement products are accountable to,” said Eric Steenstra, President of Vote Hemp. “The consumer demand for CBD products is for hemp plant-derived, high quality products, made from hemp grown by American farmers—not synthetic imitations. We look forward to engaging with FDA further to ensure the interests of hemp famers, business owners, and hemp consumers are protected.”

One of the fastest-growing sectors of the U.S. hemp market, hemp-derived CBD product sales are expected to exceed $646 million in annual revenue by 2022, according to Hemp Business Journal. For more information about the hemp-derived CBD market in the U.S., please visit: https://www.votehemp.com/press_releases/annual-retail-sales-for-hemp-derived-cbd-products-estimated-exceed-646-million-by-2022/.

Vote Hemp consulted with State agriculture officials and calculated that approximately 78,176 acres of hemp crops were planted across 24 states during 2018 in the U.S., 40 universities conducted research on hemp cultivation, and 3,544 State hemp licenses were issued across the country. Data from market research by Hemp Business Journal supports an estimate of total retail sales of hemp food, supplements and body care products in the United States at $553 million. Sales of popular hemp items like non-dairy milk, shelled seed, soaps and lotions have continued to increase, complemented by successful hemp cultivation pilot programs in several states, and increasing grassroots pressure to allow hemp to be grown domestically on a commercial scale once again for U.S. processors and manufacturers. Hemp Business Journal has also reviewed sales of clothing, auto parts, building materials and various other products, and estimates the total retail value of hemp products sold in the U.S. in 2017 to be at least $820 million. The United States is the largest consumer market for hemp products in the world.

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Vote Hemp is a national, single-issue, non-profit organization dedicated to the acceptance of and a free market for industrial hemp and to changes in current law to allow U.S. farmers to once again grow the agricultural crop. More information about hemp legislation and the crop’s many uses may be found at www.VoteHemp.com.

Rep. Tulsi Gabbard introduces the Hemp For Victory Act providing support for the growing hemp industry

Rep. Gabbard (D-HI) introduced H.R. 3652, the Hemp For Victory Act which lays the foundation for the emerging hemp industry in a manner that incentivizes family farmers and small businesses, protects against corporate monopolies, and studies the benefits of hemp cultivation and hemp-based products while ensuring safe agricultural practices, and environmental and labor considerations.

Vote Hemp strongly supports the bill and believes this is the kind of legislation needed to help the nascent hemp industry build a solid footing. We are proud to have helped draft the bill and intend to continue advocating for legislation that will move the hemp industry forward. You can view the full bill here.

Please take action now and urge your Representative to cosponsor the bill.

Below are details on the provisions in the bill.

U.S. Department of Agriculture

Establish a grant program for universities to “conduct research on establishing. hemp as a domestic agricultural commodity.”
Study the nutritional value of hemp foods, drinks and supplement products.
Study whether such hemp products could be used as “low-cost healthy alternatives” for public school lunches for low-income students.
Research whether items being used by the federal government its contractors could be substituted by hemp-based products.
Study the potential of hemp “for soil erosion control and as a windscreen.”
Create guidance for cultivating organic hemp.
Designate hemp as a “high priority research” crop eligible for grants that would be used to “develop and disseminate science-based tools and treatments to combat noxious species that impact hemp farms, and to establish and areawide integrated pest management program.”
Research the economics of the international hemp market.
Study the “use and presence of agricultural chemicals and pathogens” in hemp to inform public safety standards.
Make hemp available for grants to conduct research “on the cultivation of hemp as a commodity, including production guidance for underserved and rural communities and technical assistance for available grants.”
Integrate hemp into market research publications.
Study how to create “buffer zones” between marijuana and hemp farms to avoid cross-pollination.

U.S. Department of Health and Human Services

Study the “presence of pathogens in hemp-based and hemp-blended products and their impact on the health and safety of consumers.”
Study whether hemp can be used as a substitute for health care industry products used to deliver, create, store or administer prescription drugs.

Small Business Administration

Develop guidance manuals for individuals interested in creating a small business, “which will focus on Native Hawaiians, Indian Tribes and veterans.”

U.S. Department of Defense

Study what items used by the DOD could be substituted with hemp.
Study the impact of using hemp and derivatives such as CBD “on military preparedness.”
Study the use of hemp as an “alternative to current health supplements with regard to the armed forces deployed in support of contingency operations, and its effect on preparedness, physical and mental health, and safety,” which includes active and non-active service members diagnosed with conditions such as post-traumatic stress disorder and chronic pain.
Study hemp’s potential to “clear contaminants from nuclear sites and heavy metal contamination.”

U.S. Department of Labor

Issue a report on the application of federal laws in states with hemp programs to “ensure the health and safety of individuals working in the hemp industry.”
Issue a report on the application of federal laws in states with hemp programs to “ensure fair, equitable and proper treatment of individuals working in the hemp industry.”

U.S. Environmental Protection Agency

Study how the cultivation of hemp can assist in weed control, reducing ecological damage, detoxifying carbon dioxide and preventing soil erosion.
Study how hemp can be used to “clear impurities in water, wastewater, sewage effluent and post-disaster relief due to flooding or animal waste.”
Study whether hemp could be used as a substitute for certain plastics and also research whether such a substitute could reduce “landfill waste and ocean pollution.”

U.S. Department of Housing and Urban Development

Study the the use of hempcrete for affordable and sustainable housing.

U.S. Department of Veterans Affairs

Study the potential benefits of hemp in the treatment of conditions such as post-traumatic stress disorder, chronic pain, depression and anxiety among veterans.

Hemp could be big money for SLO County farmers. Did politicians scare away investors?

Now that SC farmers can grow industrial hemp, how well do you know your cannabis?

San Luis Obispo County supervisors have passed a temporary ban on new industrial hemp crops, just six months after the federal Farm Bill legalized hemp and paved the way for U.S. farmers to cash in on the multibillion dollar industry.

The local decision is seen as a major setback by local farmers and industry analysts who saw the county as a potential leader of California’s growth in the global industry. They now fear that the county’s action will scare away national and international investors.

“The Farm Bureau is very concerned about the signal this sends to potential investors in the industry. It’s unfortunate that our farmers here will not be able to take advantage of this new crop that’s sweeping across the nation,” Brent Burchett, executive director of the San Luis Obispo County Farm Bureau, said in a phone interview after the vote.

The Board of Supervisors voted four to one to pass an urgency ordinance that places a moratorium on industrial hemp to buy time to develop regulations for the crop, citing concerns over the potential impacts of odor to neighbors and cross-contamination with other crops, including commercial cannabis.

Local concerns and complaints about hemp came from residents who live next to potential or existing hemp crops. Several letters in support of the ordinance came from winery owners in Edna Valley in Supervisor Adam Hill’s district who are worried about the impact to quality of life and the value of their crops.

Hill voted with Supervisors Debbie Arnold, Lynn Compton and John Peschong to support the ordinance, saying that “a timeout is not the same as a ban.”

The moratorium does allow cultivation in the county to continue for research purposes and for existing registered crops approved before the moratorium. It does not, however, allow farmers who have not yet completed the application process to be approved.

As of June 18, the county had received 46 commercial grower applications and three commercial seed breeder applications. Sixteen of those have been approved, according to Marc Lea, assistant agricultural commissioner.

That means that farmers who do not already have approved hemp plants in the ground will miss out on this growing season and won’t be able to legally plant until the moratorium is lifted.

That won’t likely happen for several months, if not a year. While it’s a 45-day moratorium, supervisors will likely extend it multiple times as county staff negotiate the process of drafting and implementing new land use codes. Supervisors can extend the moratorium up to two years.

Hemp ban could mean financial loss

“It’s a real setback for agriculture in this county,” said Frank Brown, who operates an existing 300-acre hemp farm in North County.

He won’t be hurt by the ordinance, but he said, other “farmers started the process and were planning to grow and they have been hurt financially, significantly.”

He speculates that this year could have been a $200 million industry in San Luis Obispo County, with around one hundred million in investment in infrastructure.

Analysts say now is not the time for jurisdictions to pump the breaks on this industry. Hemp-derived CBD is a booming industry that has been estimated to be worth $22 billion by 2022, according to the Brightfield Group.

Hemp is different than cannabis in that it is non psychotropic. CBD products made from hemp are increasingly popular to relieve various health ailments. While hemp was a popular agricultural crop in America’s history — used for rope, cloth and paper — it was made illegal the same year as its demonized cousin, marijuana, in the 1930s.

With the legalization of hemp crops in December under the 2018 Farm Bill, many states are jumping at the chance to provide farmers a path to high-profit crops. Some paved the way by allowing research crops, allowed since the 2014 Farm Bill.

“People are looking to invest in processing, cultivation and the industry as a whole. These big players, national and international, are looking at California. We have the climate, we have the market,” said Jean Johnson, who has been tracking the market as California outreach director with VoteHemp.

The county led the state in hemp cultivation last year, she said, with hundreds of acres of the crop grown in research partnerships. That leading edge is now lost because of the supervisor’s vote.

“They’ve ruled out the current growing season, and they’re also potentially scaring away national and international investors,” Johnson said. “I have to say, I, along with many others, are surprised and disappointed. I would call it short-sighted.”

Do ‘we want to support small farmers, or not?’

Burchett saw the potential of hemp for farmers firsthand.

Before coming to the local Farm Bureau in February, he previously worked in the Kentucky Department of Agriculture overseeing the state’s industrial hemp program, which he said changed the opportunities for families to make a living on their farms.

“Anytime a new crop comes up, we should give farmers an opportunity to succeed. Hemp is one of the few crops that can make a small farm profitable,” Burchett said, adding that California is already behind several other states.

During the hearing, he warned supervisors about missing an opportunity.

“Let’s make a decision today if we want to support agriculture, if we want to support small farmers, or not?” he said.

Opponents of the ordinance agreed that the county needs regulations — and that they should have been drafted long ago. Many proposed creating a hemp working group to shape regulations while continuing to allow farmers to move forward with crops this year.

“We could have very easily started work today on regulations. What we got was a knee-jerk reaction that will set us back at least a year,” Burchett said.

Supervisors who voted for the moratorium did express optimism about the industry, locally.

Arnold said she does think that hemp “has a bright future here,” and Peschong said he didn’t believe a moratorium “is going to kill the industry.”

“We can take a time out and the industry can keep going,” Peschong said.

Supervisor Bruce Gibson was the lone vote against the ordinance, stating that he did not see any justification for urgency because the board does “not have evidence of harm to health, welfare or safety,” as is required for an urgency ordinance.

“We have a lot of speculation and fear, perhaps not surprising, but I don’t think it’s a good basis upon which to pass an ordinance,” Gibson said, adding that the process used was a “stretching of the urgency ordinance procedure, if not outright abuse.”

Content from: https://www.sanluisobispo.com/news/business/article231695808.html.

Molecular geneticist seeks to improve industrial hemp cultivation

Enthusiastic by nature, Gerry Berkowitz, professor in the Department of Plant Science and Landscape Architecture, is bursting with even more excitement than usual about his latest area of research and teaching. For decades, Berkowitz has done groundbreaking work, applying molecular genetics in seeking to understand aspects of plant biology. He has now turned his attention to the cultivation of industrial hemp.

Hemp, a strain of the Cannabis plant low in tetrahydrocannabinol (THC), the well-known cannabinoid that produces psychoactive effects, produces another cannabinoid called cannabidiol (CBD), which has no psychoactive effects but does have great potential for medical use. Berkowitz has nearly two acres of the unimpressive-looking plant growing in Storrs and a green light to do all he and his students can to unlock the potential for a pharmaceutical breakthrough.

Berkowitz’s excitement stems from the potential he sees in the plant, the interest his students can barely contain and the possibilities for additional funding and patenting of products that may help people suffering from a variety of maladies, including epilepsy.

The path to this research has been long and convoluted. For more than sixty years it was illegal to grow hemp in Connecticut. Then, in 2014, Connecticut passed a law that legalized the cultivation of hemp with less than 0.3 percent THC content. Two years earlier, in 2012, the Cannabis genome was sequenced, paving the way for scientists to gain some insight into the genes encoding every enzyme in the plant.

“Gene sequencing was the watershed event. It allows scientists to go light years beyond what was known. This is really exciting, especially with a plant that needs to be studied further. There are very few published papers, perhaps only ten or so, on the horticulture and molecular genetics of the plant in terms of producing the cannabinoids THC and CBD. With gene sequencing, we can look at the factors that affect THC and CBD production in the plant. We have a new perspective,” says Berkowitz.

The 2014 US Farm Bill, Section 7606, stated that “institutions of higher education or a state department of agriculture may grow or cultivate industrial hemp if the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research.”

Key tobacco-producing states saw hemp cultivation as an alternative crop and federal legislation was passed to promote it. Berkowitz developed a proposal to study the horticulture and genetics of hemp with the goal of increasing the knowledge base about the plant, which he submitted to a Connecticut enterprise that is growing medical marijuana. He worked with the University administration and venture capitalists to secure grant funding for a research project in his lab. The project was funded for $200,000. In a separate project with a second company, two acres of hemp were planted at the department’s research farm so that the researchers might learn about field production of hemp, which had to up that point been grown in Connecticut only in greenhouses, and about how best to extract CBD from the plant.

Berkowitz and his graduate student Philip Estrin hypothesize that plant hormones used for ripening bananas may affect the gene that controls CBD production in hemp. Berkowitz also is working to clone the Cannabis CBD gene. Recent studies have shown that genetically engineered yeast can efficiently produce plant compounds using glucose as a starter, and Berkowitz sees this as a possible method for producing CBD.

“It’s exciting to think that it may be possible to produce CBD as cheaply as making beer in fermentation tanks by using yeast and glucose. This work may lead to creation of an important pharmaceutical for people at a low cost,” he says.

“I’m not a physician, but there are many reports about the efficacy of CBD in treating seizures. That’s not my field, but there is plenty of interest in CBD and the generation of new information about it may be a good investment.

For the field production effort at the research farm, hemp seed costing $7,000 was planted. The resulting plants were high in CBD and low in THC, and the harvested crop is valued at more than $200,000 per acre, based on the value of the CBD that can be extracted from it.

When the hemp is ripe, small yellow hairs called trichomes growing on the female flowers fill up with cannabinoids (in this case CBD). The flowers are hand harvested with scissors. The CBD is extracted through the use of liquid CO2 or other solvents, a process Berkowitz is studying now with the goal of improving it.

Working with Berkowitz and Estrin are other graduate students in the department: Jonathan Mahoney, Lorenzo Katin-Grazzini and Cora McGehee from the labs of faculty colleagues Mark Brand, Yi Li and Rosa Raudales. They are interested in using tissue culture, hydroponics and other processes to grow hemp and engineer it for more efficient extraction of CBD.

Says Berkowitz, “There is so much undergraduate interest. It is an open field and the students are excited about it. I imagine that whether it is federal funding or venture capital, this area will be supported. I hope to see undergraduates to postdocs play a big part. No one has published about the plant physiology of Cannabis. I’m learning right along with the students. I hope we can plant a flag and develop a reputation in this area.”

Content from: https://naturally.uconn.edu/2018/01/16/molecular-geneticist-seeks-to-improve-industrial-hemp-cultivation/.

Louisiana Gov. Signs Hemp Bill Into Law

On Thursday June 6th, House Bill 491 was signed into law by Governor John Bel Edwards making Louisiana the 44th hemp state. Farmers will be able to begin growing hemp in 2020 after state agriculture officials finalize hemp growing regulations.

While the bill did help Louisiana farmers, the state is putting limits on the kinds of CBD products that can be sold. CBD products must be sold as food or cosmetics and not “marketed as a dietary supplement.” CBD retailers will be required to obtain licenses from the state Office of Alcohol and Tobacco Control, and those licenses will come with limits on the kinds of legal hemp products they can sell. The bill also prohibits the sale of smokable hemp. These restrictions are unfortunate and we hope to work with businesses in the state to educate legislators and improve the regulations in the next legislative session.

Texas becomes the 45th hemp state!

Austin, TX – On Monday evening, Gov. Greg Abbott signed HB 1325 into law, allowing Texas farmers to grow hemp commercially and making Texas the 45th state to approve hemp farming.

The bill, which passed Texas House and Senate unanimously, will allow a state regulated hemp program for Texas farmers.

The Texas Department of Agriculture will be working on regulations in time for the 2020 growing season.

To read the bill and learn more about hemp in Texas, visit our Texas hemp page.

Ricketts signs Nebraska hemp farming act into law

Gov. Pete Ricketts signed a bill Thursday that will clear the way for farmers to plant hemp as an alternative crop.

The Nebraska Hemp Farming Act (LB657) would recognize the plant as a viable agricultural crop and align state law with federal law — industrial hemp was legalized in the 2018 farm bill — regarding its cultivation, handling, marketing and processing. It would open up new commercial markets for farmers and businesses through sale of its products.

In debate on the bill, Omaha Sen. Justin Wayne, who introduced it, said hemp production was coming, one way or another, and rather than being out of the business for two to three years, it was important that Nebraska get in now.

The bill would set up licensing and fee requirements for farmers who wish to grow hemp, outline reporting and enforcement requirements by the Nebraska Department of Agriculture, and create a hemp checkoff program.

It would require registering the crop with a GPS location, and plants grown would be required to be submitted for testing to determine whether they contain less than 0.3 percent THC, the psychoactive drug in marijuana.

The bill would also have the state Department of Agriculture, in consultation with the Nebraska State Patrol, adopt rules regulating the carrying or transporting of hemp in the state to ensure that marijuana or any other controlled substance is not disguised as hemp and carried or transported into or through the state.

Hemp is a variety of cannabis, and throughout debates on the bill, Sen. John Lowe of Kearney has argued that the allowance of industrial hemp would create a slippery slope.

“The hemp bill’s a Trojan horse bill for marijuana,” he said. “If you don’t want your children or grandchildren getting easy access to drugs, because that’s what this is, don’t vote for this bill.”

The bill passed last week on a 43-4 vote, more than enough to enact the emergency clause (33 votes required). Those voting no were Sens. Joni Albrecht, Robert Clements, Steve Erdman and Lowe. Present and not voting was Sen. Mike Groene.

Content from: https://journalstar.com/legislature/ricketts-signs-hemp-farming-act-into-law/article_03407d68-0545-5e0a-9f37-80a225798742.html.

With hemp farming about to become legal, Arizona marijuana farms fear cross-pollination

Arizona medical marijuana farms have a plea for anyone looking to grow hemp when that becomes legal later this year: Keep your pollen off our plants.

State and federal lawmakers lifted restrictions on growing hemp last year, and some marijuana farmers fear a surge in hemp cultivation could send pollen blowing across the state and make their carefully-tended crops worthless.

A marijuana farm already convinced Snowflake town leaders to pass a rule requiring a buffer between the crops, and at least two others are looking for similar treatment from municipalities in other parts of Arizona.

The two plants are related, but quite different.

Hemp has very little, 0.3% or less, of the psychoactive drug that makes marijuana popular and also illegal at the federal level. It’s grown for industrial use and for legal “CBD” oil that people use for various ailments.

Marijuana grown for medicinal use in Arizona and other states is intentionally limited to female plants. If the female plants are exposed to pollen from male hemp or marijuana plants, they grow seeds and the flowers are less potent.

Because some hemp is grown with male plants, and because a hemp field would be much larger than a marijuana crop, marijuana growers are wary.

“In short, the potential for cross pollination of hemp plants and marijuana plants is inescapable if hemp is permitted to be grown in proximity to marijuana,” lawyer Timothy La Sota wrote to Pima County officials in January.

“And cross pollination effectively renders marijuana plants useless.”

A marijuana farm in Santa Cruz County is requesting a buffer for new hemp farms to prevent cross pollination. (Photo: Provided by Amado Management)

Farmers want a 10-mile buffer

La Sota represents a marijuana farm in Santa Cruz County, near the Pima County line. The farm, which has 150 employees, is affiliated with the Nature’s Medicines dispensaries in Phoenix and Fountain Hills.

The owners are concerned new hemp crops in Pima County could affect their harvest.

La Sota was hoping to convince Pima County officials to enact a zoning ordinance to create a 10-mile buffer around marijuana farms to prevent contamination.

The distance of 10 miles is thought to be sufficient to prevent windblown pollen from reaching the crop.

The county decided such a change was unnecessary.

“It wasn’t that we are opposed to the marijuana farm finding some relief and protection from industrial hemp,” said Chris Poirier, deputy director of Pima County Development Services. “My concern is zoning was not the appropriate tool.”

Poirier said the county had legal concerns.

“They wanted a 10-mile buffer,” he said. “That would then preclude ‘x’ amount of miles and hundreds if not thousands of acres for potential crops from being grown, imposing then this prohibition on other people’s property rights.”

He said the county also was concerned that most marijuana farms prefer “some level of anonymity and discretion.”

“But in order to protect these marijuana growers, we would have to map a 10-mile circle or whatever agreed up on distance, and anyone could easily pinpoint the marijuana grows,” he said.

La Sota said the state Department of Agriculture has similarly declined to wade in with any rules to protect marijuana crops.

“It is sort of a curious situation right now with the local governments looking to state government, but state government saying it’s a local issue,” La Sota said.

If government agencies don’t step in, and cross pollination ruins someone’s multimillion-dollar crop, it’s likely the matter would result in a civil lawsuit.

Possible model in Snowflake

La Sota proposed Pima County enact an ordinance similar to one passed last August in the town of Snowflake. That ordinance was created to protect a large marijuana farm run by Copperstate Farms.

Copperstate employs close to 200 people, growing marijuana in a large greenhouse that formerly grew tomatoes. Ventilation to the outdoors could allow pollen inside if hemp crops were nearby.

Copperstate lawyer Ryan Hurley said the farm requested the ordinance after lawmakers permitted industrial hemp farms.

“We are a big economic driver in the town,” Hurley said. “I think they wanted to make sure the jobs there are protected. This was something they were amenable to.”

Many other marijuana farms in Arizona are indoor facilities, with less concern for windblown pollen. But not all of them.

Harvest Health and Recreation of Tempe runs a large facility near Camp Verde that similarly could be affected.

“It is on our radar, it is something that we talk about,” Harvest CEO Steve White said.

White said his company will work with the local officials to protect his crops and also consult with the state Department of Agriculture as it develops rules for hemp farms.

“We don’t want those local communities to lose jobs,” he said. “If you make a significant investment in a community, you want to make sure that investment is going to be protected.”

Content from: https://www.azcentral.com/story/money/business/2019/04/19/arizona-marijuana-farmers-raise-concerns-hemp-cross-pollination/3475082002/.

Gov. Kemp signs Georgia hemp bill into law

On May 10, 2019 Governor Brian Kemp signed a bill legalizing hemp production in Georgia. The bill signing took place at the Corbett Country Corner in Lake Park Georgia where bill sponsor John Corbett is from.

Georgia becomes the 42nd state to legalize hemp farming.

“Certainly signing the industrial hemp act is going to give out famers— help diversify our ag economy. I certainly appreciate Representative John Corbett’s leadership on that. So, it’s an exciting day down here,” said Kemp.

“Move over sweet potato, here comes hemp,” said Dee-Dee Hider, a hemp production advocate. Hider works in Hemp Production across the country, and was one of many people that came out to see the governor sign the Georgia Hemp Farming Act.

Allowing hemp farming in Georgia is a positive step forward but the state will face challenges due to excessive licensing fees mandated in the bill. Processors who want to work with hemp must pay a $25,000 annual license fee and growers will pay $50 per acre with a maximum of $5,000, the highest fee per 100 acres of any state. We are hopeful that the legislature can amend this soon to level the playing field for Georgia hemp farmers and businesses.