Hemp

Related Chapters:
CBD (Cannabidiol)
Marijuana

Page last updated June 9, 2020 by Doug McVay, Editor/Senior Policy Analyst.

21. Advantages of Hemp Versus Hydrocarbon-Based Products

"Comparisons of industrial hemp to hydrocarbon or other conventional industrial feedstocks show that, generally, hemp requires substantially less energy for manufacturing, often is suited to less-toxic means of processing, and provides competitive product performance (especially in terms of durability, light weight, and strength), greater recyclability and/or biodegradability, and a number of value-added applications for byproducts and waste materials at either end of the product life cycle."

Smith-Heisters, Skaidra, "Illegally Green: Environmental Costs of Hemp Prohibition," Reason Foundation (Los Angeles, CA: March 2008), p. 31.
http://reason.org/files/1030ae...

22. Hemp Oil and Dermatitis

"Skin dryness and itchiness, in particular, are very serious problems in atopic dermatitis, which often lead to additional complications, such as opportunistic infections. In any event, it seems that the reduction of atopic symptomology observed in this study is a direct result of ingested hempseed oil. These preliminary results confirm anecdotal observations of improved skin quality after ingesting modest amounts of hempseed oil on a daily basis over a relatively short period of time."

Callaway, James; Schwab, Ursula; Harvima, Ilkka; Halonen, Pirjo; Mykkanen, Otto; Hyvonen, Pekka; and Jarvinen, Tomi, "Efficacy of dietary hempseed oil in patients with atopic dermatitis," Journal of Dermatological Treatment (London, United Kingdom: April 2005) Vol. 16, No. 2, p. 93.
https://www.ncbi.nlm.nih.gov/p...

23. Hemp and Nutrition

"The quality of an oil or fat is most importantly determined by its fatty acid composition. Hemp is of high nutritional quality because it contains high amounts of unsaturated fatty acids, mostly oleic acid (C18:1, 10%–16%), linoleic acid (C18:2, 50%–60%), alpha-linolenic acid (C18:3, 20%–25%), and gammalinolenic acid (C18:3, 2%–5%) (Fig. 37). Linoleic acid and alpha-linolenic acid are the only two fatty acids that must be ingested and are considered essential to human health (Callaway 1998). In contrast to shorter-chain and more saturated fatty acids, these essential fatty acids do not serve as energy sources, but as raw materials for cell structure and as precursors for biosynthesis for many of the body’s regulatory biochemicals."

Small, Ernest and Marcus, David , "Hemp: A New Crop with New Uses for North America," Trends in New Crops and New Uses (West Lafayette, IN: Purdue University Center for New Crops and Plant Products, 2002), p. 306.
http://www.hort.purdue.edu/new...

24. Estimate of Hemp Market in the US in 2000

"No data are available on imports of hemp seed and oil into the United States, but data do exist on hemp fiber, yarn, and fabrics. Imports of raw hemp fiber have increased dramatically in the last few years, rising from less than 500 pounds in 1994 to over 1.5 million pounds for the first 9 months of 1999. Yarn imports also have risen substantially, peaking at slightly less than 625,000 pounds in 1997. The switch from yarn to raw fiber in the last 2 years probably reflects the development of U.S. spinning capacity. At least two companies are now spinning hemp yarn from imported fibers. Imports of hemp fabric have more than doubled from over 222,000 pounds in 1995 to about 523,000 pounds in 1998.
"Current markets for bast fibers like industrial hemp include specialty textiles, paper, and composites. Hemp hurds are used in various applications such as animal bedding, composites, and low-quality papers. As joint products, finding viable markets for both hemp bast fiber and hurds may increase the chances of a successful business venture."

United States Department of Agriculture, "Industrial Hemp in the United States: Status and Market Potential" (Washington, DC: January 2000), p. iii.
http://www.ers.usda.gov/public...

25. Estimated Potential US Retail Hemp Market

"Retail sales of imported hemp products exceeded $70 million in the United States in 2006.62 Given hemp’s wide-ranging utility, supporters of domestic cultivation estimate that it would create a $300 million dollar industry.63"

Kolosov, Christine A., "Evaluating the Public Interest: Regulation of Industrial Hemp under the Controlled Substances Act," UCLA Law Review (Los Angeles, CA: UCLA School of Law, 2009), p. 244.
http://uclalawreview.org/pdf/5...

26. Potential Economic Benefits, Kentucky 1998

In a July 1998 study issued by the Center for Business and Economic Research at the University of Kentucky, researchers concluded that Kentucky hemp farmers could earn a net profit of $600 per acre for raising certified seeds, $320 net profit per acre for straw only or straw and grain production, and $220 net profit per acre for grain only production. The only crop found to be more profitable was tobacco.

Tompson, Eric C., PhD, Berger, Mark C., PhD, and Allen, Steven N., Economic Impacts of Industrial Hemp in Kentucky (Lexington, KY: University of Kentucky, Center for Business and Economic Research, 1998), p. 21.
http://www.votehemp.com/PDF/he...

27. Potential Economic Benefits of Kentucky Hemp Industry (1998 Dollars)

In a July 1998 study issued by the Center for Business and Economic Research at the University of Kentucky, researchers estimated that if Kentucky again became the main source for industrial hemp seed (as it was in the past), the state could create up to 771 new jobs and generate $17.6 million in new earnings.

Click here for the complete datatable of Potential Economic Benefits of Kentucky Hemp Industry (1998 Dollars)

Tompson, Eric C., PhD, Berger, Mark C., PhD, and Allen, Steven N., Economic Impacts of Industrial Hemp in Kentucky (Lexington, KY: University of Kentucky, Center for Business and Economic Research, 1998), p. iv.
http://www.votehemp.com/PDF/he...

28. Federal Law and DEA Control Over Hemp Production in the US

Laws and Policies

"In 1937, Congress passed the first federal law to discourage cannabis production for marijuana while still permitting industrial uses of the crop (the Marihuana Tax Act; 50 Stat. 551). Under this statute, the government actively encouraged farmers to grow hemp for fiber and oil during World War II. After the war, competition from synthetic fibers, the Marihuana Tax Act, and increasing public anti-drug sentiment resulted in fewer and fewer acres of hemp being planted, and none at all after 1958.
"Strictly speaking, the Controlled Substances Act of 1970 (CSA, 21 U.S.C. §801 et. seq.) does not make growing hemp illegal; rather, it places strict controls on the production of hemp, making it illegal to grow the crop without a DEA permit.
"The CSA adopted the same definition of Cannabis sativa that appeared in the 1937 Marihuana Tax Act. The definition of “marihuana” (21 U.S.C. §802(16) reads:

The term marihuana means 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. Such term does not
include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from
the seeds of such plant, any other compound ... 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.

"The statute thus retains control over all varieties of the cannabis plant by virtue of including them under the term 'marijuana' and does not distinguish between low- and high-THC varieties. The language exempts from control the parts of mature plants—stalks, fiber, oil, cake, etc. — intended for industrial uses. Some have argued that the CSA definition exempts industrial hemp under its term exclusions for stalks, fiber, oil and cake, and seeds.44 DEA refutes this interpretation.45

Johnson, Renée, "Hemp As An Agricultural Commodity," Congressional Research Service (Washington, DC: Library of Congress, Jan. 26, 2016), pp. 12-13.
http://nationalaglawcenter.org...

29. State Laws Regarding Hemp

"Since the mid-1990s, there has been a resurgence of interest in the United States in producing industrial hemp. Farmers in regions of the country that are highly dependent upon a single crop, such as tobacco or wheat, have shown interest in hemp’s potential as a high-value alternative crop, although the economic studies conducted so far paint a mixed profitability picture.
"Beginning around 1995, an increasing number of state legislatures began to consider a variety of initiatives related to industrial hemp. Most of these have been resolutions calling for scientific, economic, or environmental studies, and some are laws authorizing planting experimental plots under state statutes. Nonetheless, the actual planting of hemp, even for state-authorized experimental purposes, remains regulated by DEA under the CSA.
"Following enactment of the 2014 farm bill provision allowing for growing hemp under certain circumstances, several states have quickly been adopting new state laws to allow for cultivation. To date, more than 30 states or territories have enacted or introduced legislation favorable to hemp cultivation (Figure 6). Other states reportedly considering hemp legislation include Alaska, Arizona, Florida, Georgia, Iowa, Kansas, Massachusetts, Mississippi, New Mexico, South Dakota, Texas, and Wisconsin.53 (The status of state actions regarding hemp is changing rapidly, and information differs depending on source.54)
"Requirements differ among the states, and some states—Illinois, Indiana, Kentucky, Maine, Nebraska, New Hampshire, Virginia—have enacted laws that are considered more comprehensive than others.55
"Some common provisions across these state laws include:56
"• defining industrial hemp (based on the percentage of THC it contains) and excluding industrial hemp from the definition of “controlled substances” under state law;
"• authorizing the growing and possessing of industrial hemp by creating an advisory board or commission;
"• establishing or authorizing a state licensing or registration program for growers and/or seed breeders;
"• requiring recordkeeping;
"• requiring waivers or changes to federal law;
"• establishing or authorizing fee structures;
"• establishing inspection procedures;
"• allowing state departments to collect funds for research programs;
"• promoting research and development of markets for industrial hemp;
"• establishing certified seed requirements57 or, in some states, 'heritage hemp seeds' (e.g., in Colorado and Kentucky); and
"• establishing penalties.
"Some states have well-developed guidelines for growers, covering issues such as registration and reporting requirements, inspection, THC testing and threshold determination, seed availability and certification, pesticide use, production standards, and other information. Other general requirements may apply under some circumstances. For example, in 2016, USDA published guidance on organic certification of industrial hemp products.58 Some are calling for the need to develop more far-reaching consensus standards for a range of cannabis varieties given concerns about the general lack of standards and test methods.59 Production of industrial hemp has been reported in several states (Table 2).
"Among the states that have enacted taxation and/or fees for industrial hemp are California, Colorado, Indiana, Kentucky, Maine, Montana, Nevada, North Dakota, Oregon, Tennessee, Vermont, and West Virginia.60"

Johnson, Renée, "Hemp As An Agricultural Commodity," Congressional Research Service (Washington, DC: Library of Congress, March 10, 2017), pp. 14-16.
https://fas.org/sgp/crs/misc/R...

30. Hemp Products and the DEA

"In late 1999, during the development of the 2003 rules (described in the previous section), the DEA acted administratively to demand that the U.S. Customs Service enforce a zero-tolerance standard for the THC content of all forms of imported hemp, and hemp foods in particular.

"The DEA followed up, in October 2001, with publication of an interpretive rule in the Federal Register explaining the basis of its zero-tolerance standard.63 It held that when Congress wrote the statutory definition of marijuana in 1937, it 'exempted certain portions of the Cannabis plant from the definition of marijuana based on the assumption (now refuted) that such portions of the plant contain none of the psychoactive component now known as THC.' Both the proposed rule (which was published concurrently with the interpretive rule) and the final 2003 rule gave retailers of hemp foods a date after which the DEA could seize all such products remaining on shelves. On both rules, hemp trade associations requested and received court-ordered stays blocking enforcement of that provision. The DEA’s interpretation made hemp with any THC content subject to enforcement as a controlled substance.

"Hemp industry trade groups, retailers, and a major Canadian exporter filed suit against the DEA, arguing that congressional intent was to exempt plant parts containing naturally occurring THC at non-psychoactive levels, the same way it exempts poppy seeds containing trace amounts of naturally occurring opiates.64 Industry groups maintain that (1) naturally occurring THC in the leaves and flowers of cannabis varieties grown for fiber and food is already at below-psychoactive levels (compared with drug varieties); (2) the parts used for food purposes (seeds and oil) contain even less; and (3) after processing, the THC content is at or close to zero. U.S. and Canadian hemp seed and food manufacturers have in place a voluntary program for certifying low, industry-determined standards in hemp-containing foods. Background information on the TestPledge Program is available at http://www.TestPledge.com. The intent of the program is to assure that consumption of hemp foods will not interfere with workplace drug testing programs or produce undesirable mental or physical health effects.

"On February 6, 2004, the U.S. Court of Appeals for the Ninth Circuit permanently enjoined the enforcement of the final rule.65 The court stated that 'the DEA’s definition of ‘THC’ contravenes the unambiguously expressed intent of Congress in the CSA and cannot be upheld.'66 In late September 2004 the Bush Administration let the final deadline pass without filing an appeal."

Johnson, Renée, "Hemp As An Agricultural Commodity," Congressional Research Service (Washington, DC: Library of Congress, July 24, 2013), p. 15.
http://www.fas.org/sgp/crs/mis...

31. Controlled Substances Act

"The CSA [Controlled Substances Act] classifies marijuana in the first category of schedules, placing it among the most harmful and dangerous drugs.137 Marijuana meets the criteria for a Schedule I controlled substance because of its THC content, which is a psychoactive hallucinogenic substance with a high potential for abuse.138 Another key classification made by the CSA regarding marijuana was its broad definition of the drug.139 The CSA defines marijuana as follows:
"The term ‘“marihuana” means 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. Such term does not include 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.140
"This effectively placed the entire use of the hemp plant, whether for drug use or as industrial hemp, squarely under the control of the CSA.141 Therefore, the DEA views industrial hemp containing .3% THC the same as marijuana grown for drug use which commonly contains a 24% THC level, or eighty times more THC.142"

Duppong, Thomas A., "Industrial Hemp: How the Classification of Industiral Hemp as Marijuana under the Controlled Substances Act Has Caused the Dream of Growing Industrial Hemp in North Dakota to Go up in Smoke," North Dakota Law Review (Grand Forks, ND: University of North Dakota School of Law, 2009) Vol. 85, No. 2, p. 417-418.
http://web.law.und.edu/LawRevi...

32. Legislative History of Cannabis Sativa L. and Hemp

"Legislative history suggests that Congress accepted the name Cannabis sativa L. for the hemp plant, believing it to be the common description within the scientific community.41 This categorization combined all marijuana-producing Cannabis plants.42 Therefore, any hemp plant capable of producing any amount of THC was classified as Cannabis sativa L. under the CSA.43"

Duppong, Thomas A., "Industrial Hemp: How the Classification of Industiral Hemp as Marijuana under the Controlled Substances Act Has Caused the Dream of Growing Industrial Hemp in North Dakota to Go up in Smoke," North Dakota Law Review (Grand Forks, ND: University of North Dakota School of Law, 2009) Vol. 85, No. 2, p. 407.
http://web.law.und.edu/LawRevi...

33. Hemp and CBD

"Another chemical shared by both industrial hemp and marijuana is Cannabidiol (CBD).48 CBD is unique because it is not intoxicating and it also moderates the euphoric effect of THC.49 Marijuana, which has disproportionately higher levels of THC than industrial hemp, also contains lower levels of CBD.50 The higher THC and lower CBD concentration gives marijuana its psychoactive effect.51 Conversely, industrial hemp’s low THC levels and comparatively high CBD levels produce none of the intoxicating effects of marijuana.52"

Duppong, Thomas A., "Industrial Hemp: How the Classification of Industiral Hemp as Marijuana under the Controlled Substances Act Has Caused the Dream of Growing Industrial Hemp in North Dakota to Go up in Smoke," North Dakota Law Review (Grand Forks, ND: University of North Dakota School of Law, 2009) Vol. 85, No. 2, p. 408.
http://web.law.und.edu/LawRevi...

34. Hemp History

"Probably indigenous to temperate Asia, C. sativa is the most widely cited example of a “camp follower.” It was pre-adapted to thrive in the manured soils around man’s early settlements, which quickly led to its domestication (Schultes 1970). Hemp was harvested by the Chinese 8500 years ago (Schultes and Hofmann 1980). For most of its history, C. sativa was most valued as a fiber source, considerably less so as an intoxicant, and only to a limited extent as an oilseed crop. Hemp is one of the oldest sources of textile fiber, with extant remains of hempen cloth trailing back 6 millennia. Hemp grown for fiber was introduced to western Asia and Egypt, and subsequently to Europe somewhere between 1000 and 2000 BCE. Cultivation in Europe became widespread after 500 CE. The crop was first brought to South America in 1545, in Chile, and to North America in Port Royal, Acadia in 1606. The hemp industry flourished in Kentucky, Missouri, and Illinois between 1840 and 1860 because of the strong demand for sailcloth and cordage (Ehrensing 1998). From the end of the Civil War until 1912, virtually all hemp in the US was produced in Kentucky."

Small, Ernest and Marcus, David , "Hemp: A New Crop with New Uses for North America," Trends in New Crops and New Uses (West Lafayette, IN: Purdue University Center for New Crops and Plant Products, 2002), p. 284.
http://www.hort.purdue.edu/new...

35. Hemp History

"From the colonial period through the middle of the nineteenth century, hemp was widely grown in the United States for use in fabric, twine, and paper.19 Production dropped by the 1890’s as technological advances made cotton a more competitive textile crop, and coarse fiber crops were increasingly imported.20 Nonetheless, American farmers continued to grow hemp into the middle of the twentieth century, finding it a useful rotation crop because it acted as a natural herbicide21—a dense, rapidly growing crop, it choked out weeds prior to the next planting of corn and other crops.22 At the urging of the government, production to supply fiber for military purposes was expanded enormously during World War I and again during World War II, particularly after the Japanese cut off exports from the Philippines."

Kolosov, Christine A., "Evaluating the Public Interest: Regulation of Industrial Hemp under the Controlled Substances Act," UCLA Law Review (Los Angeles, CA: UCLA School of Law, 2009), p. 241.
http://uclalawreview.org/pdf/5...

36. Hemp in American History

"Hemp was widely grown in the United States from the colonial period into the mid-1800s. Fine and coarse fabrics, twine, and paper from hemp were in common use. By the 1890s, labor-saving machinery for harvesting cotton made the latter more competitive as a source of fabric for clothing, and the demand for coarse natural fibers was met increasingly by imports. Industrial hemp was handled in the same way as any other farm commodity in that USDA compiled statistics and published crop reports33 and provided assistance to farmers promoting production and distribution.34 In the early 1900s, hemp continued to be grown, and USDA researchers continued to publish information related to hemp production and also reported on hemp’s potential for use in textiles and in paper manufacturing.35 Several hemp advocacy groups, including HIA and Vote Hemp, Inc., have compiled other historical information and have copies of original source documents.36
"Between 1914 and 1933, in an effort to stem the use of Cannabis flowers and leaves for their psychotropic effects, 33 states passed laws restricting legal production to medicinal and industrial purposes only.37 The 1937 Marihuana Tax Act defined hemp as a narcotic drug, requiring that farmers growing hemp hold a federal registration and special tax stamp, effectively limiting further production expansion.
"In 1943, U.S. hemp production reached more than 150 million pounds (140.7 million pounds hemp fiber; 10.7 million pound hemp seed) on 146,200 harvested acres. This compared to prewar production levels of about 1 million pounds. After reaching a peak in 1943, production started to decline. By 1948, production had dropped back to 3 million pounds on 2,800 harvested acres, with no recorded production after the late 1950s.38"

Johnson, Renée, "Hemp As An Agricultural Commodity," Congressional Research Service (Washington, DC: Library of Congress, March 10, 2017), pp. 11-12.
https://fas.org/sgp/crs/misc/R...

37. Hemp in US History

"During World War I, some hemp cultivation occurred in several states, including Kentucky, Wisconsin, California, North Dakota, South Dakota, Minnesota, Indiana, Illinois, Ohio, Michigan, Kansas, and Iowa (Ehrensing 1998). The second world war led to a brief revival of hemp cultivation in the Midwest, as well as in Canada, because the war cut off supplies of fiber (substantial renewed cultivation also occurred in Germany for the same reason). Until the beginning of the 19th century, hemp was the leading cordage fiber. Until the middle of the 19th century, hemp rivaled flax as the chief textile fiber of vegetable origin, and indeed was described as 'the king of fiber-bearing plants,—the standard by which all other fibers are measured' (Boyce 1900). Nevertheless, the Marihuana Tax Act applied in 1938 essentially ended hemp production in the United States, although a small hemp fiber industry continued in Wisconsin until 1958. Similarly in 1938 the cultivation of Cannabis became illegal in Canada under the Opium and Narcotics Act."

Small, Ernest and Marcus, David , "Hemp: A New Crop with New Uses for North America," Trends in New Crops and New Uses (West Lafayette, IN: Purdue University Center for New Crops and Plant Products, 2002), p. 284.
http://www.hort.purdue.edu/new...

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