Hemp Industries Association Sues DEA For Ignoring 9th Circuit Decision in HIA v. DEA (& Please sign this petition for Hemp)

Hemp Industries Association Sues DEA

For Ignoring 9th Circuit Decision in HIA v. DEA

In 2001, the DEA issued new rules to ban hemp foods despite the fact that Congress had exempted them in the Controlled Substances Act. The HIA, Dr. Bronner’s, Nutiva and other plaintiffs went to the 9th Circuit Court of Appeals to challenge the illogical rules and won a victory. This ruling prohibited DEA from treating legal hemp products as controlled substances and helped the burgeoning hemp foods market to take off. 

Despite this victory and the clear order from the court prohibiting DEA from enforcing the rules, DEA has continued to put out incorrect and confusing information advising the media and state officials that hemp foods are still illegal if they are intended for human consumption! 

Today the HIA filed a motion with the court to ask that DEA be found in contempt for refusing the follow the courts order. You can read the filing here.

 

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Let American Farmers Grow Hemp Once Again to Create Jobs and Rebuild the Rural Economy – Sign This Petition

Created by E.S. on January 20, 2017 – Sign This Petition

Industrial hemp was once a dominant crop on the American landscape. This hardy and renewable resource was refined for various industrial applications, including paper, textiles, and cordage. Unfortunately hemp was conflated with marijuana but hemp can't be used as a drug.

Over time, the use of industrial hemp has evolved into an even greater variety of products, including health foods, body care, clothing, auto parts, construction materials, biofuels, plastic composites and more.

Farmers in Europe, Canada and China all grow hemp and over $600 million in imported hemp products were sold in the USA in 2016. Congress has 2 bipartisan bills which would bring back hemp farming and create rural jobs. We request that President Trump work with Congress to pass hemp legislation in 2017 – Sign This PetitionSign This Petition

Hemp Industries Association Files Petition Against DEA

Hemp Industries Association Files Petition Against DEA to Defend Lawful Hemp-Derived Products from Agency Overreach
19 Jan 2017 5:41 PM

Suit Seeks to Defend Hemp Farmers, U.S. Businesses and Consumers from Illegal Attempt to Schedule Non-Psychoactive Hemp Derivatives as ‘Marihuana Extract’
WASHINGTON, D.C. — The Hemp Industries Association (HIA), the leading non-profit trade association consisting of hundreds of hemp businesses, filed a Petition for Review on January 13, 2017, in the Ninth Circuit Court of Appeals in San Francisco, seeking to block the implementation of the Drug Enforcement Administration’s (DEA) recently announced Final Rule regarding “Marihuana Extract.” The proposed DEA Final Rule attempts to unlawfully designate hemp-derived non-psychoactive cannabinoids, including cannabidiol, as “marihuana extract,” and append the Controlled Substances Act to add all cannabinoids to its Schedule I. Furthermore, this action by the DEA contravenes clear Congressional intent and legal parameters for the production and consumption of hemp-derived products containing cannabinoids, enacted by Sec. 7606 of the Agricultural Act of 2014 (Farm Bill).

To read the full petition, please visit:

https://hoban.law/sites/default/files/2017-01/17.01.13%20Petition%20%5Bfinal%5D.pdf

The DEA does not have the authority to augment the Controlled Substances Act; that power resides with Congress. Congress has clearly mandated, through the 2014 Farm Bill and the 2016 Omnibus Spending Law that the Controlled Substances Act does not apply to hemp grown in state pilot programs, and that it is a violation of federal law for agencies such as DEA to interfere with these programs. The DEA’s proposed rule regarding cannabinoids thumbs its nose at Congress and threatens to undermine the market for legal hemp products containing cannabinoids, including those produced in the U.S. under state laws that regulate hemp cultivation and processing pursuant to, and in accordance with the federal Farm Bill. These products, such as hemp foods and supplements, fall outside the Controlled Substances Act (CSA) and are not subject to regulatory control by the DEA.

“Hemp-derived products containing cannabinoids are an increasingly in-demand category within the hemp market—and U.S. consumers constitute the largest market for hemp products worldwide,” said Colleen Keahey, Executive Director of the Hemp Industries Association. “We are committed to defending the rights of our members, of entrepreneurial hemp farmers, businesses and consumers, who all are acting entirely within the legal framework of the CSA and Farm Bill, including those adversely affected by trying to source American-grown hemp and hemp derivatives to supply this demand. The DEA’s attempt to regulate hemp derived products containing cannabinoids lawfully sourced under the CSA, and farmed and produced under the Farm Bill in states like Kentucky and Colorado, is not only outside the scope of their power, it’s an attempt to rob us of hemp’s economic opportunity.”
The DEA has made previous attempts to interfere with legal hemp products, notably from 2001-2003 when the agency contended that hemp food products such as cereals, hemp seed and hemp oil, are a Schedule I substance due to trace insignificant residues of tetrahydrocannabinol, or THC. On February 6, 2004, the Ninth Circuit Court of Appeals ruled in response that hemp is not included in Schedule I; that the trace THC in such products is similar to trace opiates in poppy seed bagels, and does not render them controlled substances. The HIA believes this 2004 ruling sets strong legal precedent for the current petition, which asserts that cannabinoids derived from lawful portions and varieties of the Cannabis plant exempted from control under the CSA and through the Farm Bill, may not be regulated as “marihuana” or “marihuana extract” by the DEA.

More recently, in 2014, the DEA interfered with the implementation of state pilot programs for hemp farming, when the agency unlawfully seized 250 lbs. of certified industrial hemp seed imported from Italy. The viable hemp seed had been legally sourced to supply six hemp research projects licensed by the Kentucky Department of Agriculture and coordinated in conjunction with Kentucky State academic institutions. The seed was quickly released, following the filing of a lawsuit against the DEA on May 14, 2014 by then Kentucky Agriculture Commissioner, now U.S. Congressional Representative James Comer.
“Over a decade ago, the Ninth Circuit held that non-psychoactive hemp is not controlled by the CSA,” said Patrick Goggin, co-counsel for the HIA. “The DEA is again attempting to schedule under the CSA cannabinoids and non-psychoactive hemp beyond its authority. We believe the Ninth Circuit will invalidate this rule just like it did in 2004.”
To date, 31 states have passed hemp legislation that allows their farmers to cultivate hemp according to guidelines set forth in the Farm Bill. Per these guidelines, U.S. farmers planted nearly 10,000 acres of hemp in 2016. Farmers and agri-business across the country have invested many millions of dollars in infrastructure to comply with federal law; this retroactive misreading of statute puts the livelihood of these law-abiding companies and individuals at risk.
Recent DEA pronouncements indicate that DEA is threatening to flout prior court rulings, and assert regulatory authority over hemp seed, oil, and products made from hemp seed and oil, which have always been exempt from the Controlled Substances Act. HIA continues to monitor these developments, and will consider further actions to resist DEA’s unlawful attempts to regulate legal hemp products.
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The Hemp Industries Association (HIA) represents the interests of the hemp industry and encourages the research and development of new hemp products. More information about hemp’s many uses and hemp advocacy may be found at www.TheHIA.org.

Kentucky approves 12,800 acres for hemp planting in 2017, tripling the previous year’s figures

Growers must pass background check

WCPO Staff

6:46 AM, Jan 6, 2017

FRANKFORT, Ky. — The Kentucky Department of Agriculture (KDA) has approved 209 applications from growers who have been approved to cultivate up to 12,800 acres of industrial hemp for research purposes in 2017, nearly tripling the number of acres that were approved for 2016. More than 525,000 square feet of greenhouse space were approved for indoor growers in 2017.

“By nearly tripling hemp acreage in 2017 and attracting more processors to the state, we are significantly growing opportunities for Kentucky farmers,” said Agriculture Commissioner Ryan Quarles, in a news release. “Our strategy is to use KDA’s research pilot program to encourage the industrial hemp industry to expand and prosper in Kentucky. Although it is not clear when Congress might act to remove industrial hemp from the list of controlled substances, my strategic objective is to position the commonwealth’s growers and processors to ultimately prevail as national leaders in industrial hemp production.”

The KDA received a total of 252 applications – 234 grower applications and 18 processor/handler applications. Applicants were asked to identify which harvestable component of the plant would be the focus of their research (floral material, grain, or fiber); some applicants selected more than one component.

In addition to grower applications, KDA approved 11 new applications from processors (in addition to 29 previously approved multi-year processor applications that were not required to reapply). Five universities will also carry out additional research projects in 2017. KDA officials cited the recent decline in commodity prices as one factor that appears to be generating increased interest among Kentucky’s farmers in industrial hemp and other alternative crops.

In 2016, 137 growers were approved to plant up to 4,500 acres. Program participants planted more than 2,350 acres of hemp in 2016, up from 922 acres in 2015 and 33 acres in 2014.

To strengthen KDA’s partnership with state and local law enforcement officers, KDA will provide GPS coordinates of approved industrial hemp planting sites to law enforcement agencies before any hemp is planted. GPS coordinates were required to be submitted on the application. Participants also must pass background checks and consent to allow program staff and law enforcement officers to inspect any premises where hemp or hemp products are being grown, handled, stored or processed.

“We have made collaboration and communication with the law enforcement community a top priority for KDA’s management of this research pilot program,” Quarles said.

Staff with the KDA’s industrial hemp research pilot program evaluated the applications and considered whether returning applicants had complied with instructions from KDA, Kentucky State Police and local law enforcement. To promote transparency and ensure a fair playing field, KDA relied on objective criteria, outlined in the 2017 Policy Guide, to evaluate applications.

The KDA operates its program under the authority of a provision of the 2014 federal farm bill, 7 U.S.C. § 5940, that permits industrial hemp pilot programs in states where hemp production is permitted by state law. For more information and to view the 2017 Policy Guide, please visit the website here.

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A Kentucky-based hemp seed grower is the first company to have its seeds approved and officially certified by the Colorado Department of Agriculture.

 

 

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Blair Miller

DENVER – A Kentucky-based hemp seed grower is the first company to have its seeds approved and officially certified by the Colorado Department of Agriculture.

Lexington, Kentucky-based Schiavi Seeds LLC had three separate seed varieties certified as CDA Approved Certified Seeds under the new program, which aims to promote hemp agriculture in the state.

CDA has worked with CSGA and Colorado State University over the past several months to breed plants that produce seeds under the 0.3 percent THC content threshold to qualify as hemp and not psychoactive marijuana.

Varying seed types were grown and tested in trials in different parts of the state in order to find ideal conditions for hemp cultivation.

Colorado law requires industrial hemp seeds to contain less than 0.3 percent THC. Three trial seeds from Schiavi Seeds – Eletta Campana, Fibranova and Helena – passed trial tests and were accepted by the state Seed Growers Association’s review board.

CDA says seeds submitted by Fort Collins-based New West Genetics have also passed the THC trial, but still have to be accepted by the review board before they can also be labeled as a CDA Approved Certified Seed.

Congress approved hemp production in 2014, but a state certification like Colorado’s is necessary to raise the crop.

Colorado farmers will be able to start buying and growing the seeds next year.

CONTINUE READING…

First new hemp strain bred for US farmers

By: Chris Conrad

Retail Hemp field crop

A new industrial hemp cultivar has passed the THC hemp trials managed by the Colorado Department of Agriculture, the first hemp seed variety bred for the US to pass a Department of Agriculture hemp trial in any state.

Thomas Jefferson was a jealous hempseed breeder who allegedly brought Chinese seeds in from France in the 1790s to mix with the European strains. Later the US Department of Agriculture adopted an aggressive program to breed plants that were drought resistant and climate or soil specific for different parts of the United States and came up with some of the best hemp strains in the world. That all came to an end with the Marijuana Tax Act of 1937, when hemp farming was essentially banned. The national seed banks died out when the federal Drug Enforcement Agency took control in the 1970s and destroyed them in the name of the Drug War.

Act of Congress opened the way for new hemp seedlines

In February 2015, Congress passed the hemp amendment to the Farm bill and opened new avenues for cannabis hemp. Two years later, Rely™ by New West Genetics has become the first modern hemp variety bred for the U.S. to pass Colorado Department of Agriculture hemp trials. The plants have a stable THC content below 0.1 percent, compared with the federal standard of 0.3 percent or less.

“This is a landmark victory for New West Genetics, as well as hemp production in the United States overall,” said Wendy Mosher, CEO for New West Genetics. “The use of regionally bred hemp seed for production is imperative for the US hemp industry to succeed, and we hope that the results for Rely™ act as a catalyst for other U.S. hemp product makers to recognize the benefit of regionally bred varieties – better yield, disease resistance, sustainability, etc. and demand those be used for their products.”

PLEASE CONTINUE READING…

Kentucky Congressmen Seek Clarification on Federal Hemp Rules

By Matt Markgraf Oct 27, 2016

Three members of Kentucky’s U.S. Congressional delegation joined 16 other members of Congress in a letter Wednesday seeking clarification from federal agencies regarding industrial hemp guidelines.

Senator Rand Paul and Representatives Thomas Massie and John Yarmuth signed a letter to The U.S. Department of Agriculture, Drug Enforcement Administration and Food and Drug Administration looking to revise the ‘Statement of Principles’ issued in August.

The Congressmen say there is confusion over pilot programs approved in the 2014 Farm Bill allowing state ag departments and universities, including Murray State, to grow the plant for research. Guidance also could have a limiting effect on sales and transportation, the letter argues. Federal law prohibits farmers growing for commercial profit, but retail sales of products made with hemp are legal.

Kentucky’s Ag Commissioner Ryan Quarles sent a letter to the USDA last month objecting to the rules, saying they “could hinder industrial hemp’s economic potential.”

Read the letter sent Wednesday

 

CCONTINUE READING…

More executive overreach? Lawmakers say Obama hemp policy is a buzzkill for research

 

Kentucky is one of 28 states that permit the production of industrial hemp.

Kentucky is one of 28 states that permit the production of industrial hemp. Charles Bertram Lexington Herald-Leader

By Curtis Tate

ctate@mcclatchydc.com

 

You can’t get high from smoking hemp, but a bipartisan group of lawmakers says states and universities growing it for research could get busted if they cross state lines with it.

Three Kentucky lawmakers — Republican Sen. Rand Paul, Democratic Rep. John Yarmuth and Republican Rep. Thomas Massie — have asked the Obama administration to remove or revise August guidance that prohibits the shipment of hemp plants and seeds across state lines even for research.

Industrial hemp only contains a fraction of the intoxicating chemical associated with its cousin marijuana, and it is grown worldwide to produce fabrics, carpets, paper, cosmetics, pharmaceuticals and even auto parts.

While federal law prohibits farmers from growing hemp for a profit, it can be grown in some states for research purposes.

 

We request that you please remove the attempted prohibition on transporting plants and seeds across state lines.

 

Sen. Rand Paul, R-Kentucky, and 18 other lawmakers in letter Joining 16 of their colleagues in a letter dated Thursday, the Kentucky lawmakers told the Drug Enforcement Agency, the U.S. Department of Agriculture and the Food and Drug Administration that its guidance has sown seeds of confusion among state agriculture departments and universities that have hemp research programs.

Kentucky and 27 other states have authorized the production of industrial hemp. The 2014 Farm Bill enabled those states to establish pilot programs.

This year in Kentucky, 135 growers and 4,500 acres have been approved under the state’s pilot program. Kentucky had led the nation in hemp production until after the Civil War.

This year in Kentucky, 135 growers and 4,500 acres have been approved under the state’s pilot program.

The Farm Bill also says the Executive Branch may not use appropriated funds “to prohibit the transportation, processing, sale or use of industrial hemp” that is grown in accordance with the law.

The three agencies do not have the authority to issue the guidance they did in August, the lawmakers wrote.

“We request that you please remove the attempted prohibition on transporting plants and seeds across state lines,” they wrote.

 

Curtis Tate: 202-383-6018, @tatecurtis

Read more here: http://www.miamiherald.com/news/nation-world/national/article110887257.html#storylink=cpy

From Growing Tobacco to Growing Hemp

Jane Harrod, a farmer in Kentucky, talks about transitioning to a different crop after the U.S. soured on cigarettes.

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Bourree Lam

Since the 1960s, the number of Americans who smoke has decreased significantly; in 1965, more than 40 percent of adults reported smoking, compared to around 17 percent in 2014. During that same period, tobacco production has dropped precipitously as well.

Still, in 2012, the U.S. produced some 800 million pounds of tobacco, and Kentucky—the state with the second-largest tobacco harvest in the U.S. (North Carolina’s comes in first)—is responsible for almost a quarter of that output. Yet even in Kentucky, tobacco farming has waned, forcing many farmers to look into other crops.

Jane Harrod runs a small farm in Kentucky. Her family used to grow tobacco, but she’s since switched over to growing hemp, a somewhat controversial plant—what with the federal ban on marijuana and medical marijuana still being illegal in Kentucky—that the state is currently testing out with pilot programs. For The Atlantic’s ongoing series of interviews with American workers, I talked to Harrod about her family farm, the recession, and why she decided to shift production to hemp. The interview that follows has been lightly edited for length and clarity.

 

We could probably be called hippies at the time. We weren’t big spenders; we grew our own food and raised our two daughters there in Owen County. There were a lot of young people that had moved into the area, because the farmland was cheap. We had an intentional-community situation where we had like-minded people set up a feed co-op and do tobacco together with other crops.

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KY: Industrial Hemp Research Pilot Program now taking applications for 2017

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New measures set to enable sustained growth of the program

FRANKFORT (October 11, 2016) Kentuckians interested in participating in the industrial hemp research pilot program in 2017 are invited to submit an application with the Kentucky Department of Agriculture.

“The pilot research program will continue to build on the successes of the previous administration by developing research data on industrial hemp production, processing, manufacturing, and marketing for Kentucky growers,” Agriculture Commissioner Ryan Quarles said. KDA’s objective is to expand and strengthen Kentucky’s research pilot program, so that if the federal government chooses to remove industrial hemp from the list of controlled substances, Kentucky’s growers and farmers will be positioned to thrive, prosper and ultimately prevail as national leaders in industrial hemp production.”

The KDA operates its program under the authority of a provision of the 2014 federal farm bill, 7 U.S.C. § 5940 that permits industrial hemp pilot programs in states where hemp production is permitted by state law. Participants planted more than 2,350 acres of hemp in 2016 compared with 922 acres in 2015 and 33 acres in 2014, the first year of the program.

Applicants should be aware of important new measures for the 2017 research program, including the following:

· To strengthen the department’s partnership with state and local law enforcement officers, KDA will provide GPS coordinates of approved industrial hemp planting sites to law enforcement agencies before any hemp is planted. GPS coordinates must be submitted on the application. Applicants must consent to allow program staff and law enforcement officers to inspect any premises where hemp or hemp products are being grown, handled, stored, or processed.

· To promote transparency and ensure a fair playing field, KDA will rely on objective criteria, outlined in the newly released 2017 Policy Guide, to evaluate applications. An applicant’s criminal background check must indicate no drug-related misdemeanor convictions, and no felony convictions of any kind, in the past 10 years. Staff with the KDA’s industrial hemp pilot project program will consider whether applicants have complied with instructions from the department, Kentucky State Police, and local law enforcement.

· As the research program continues to grow, KDA’s hemp staff needs additional resources and manpower to administer this tremendously popular program. The addition of participant fees will enable KDA Hemp Staff to handle an increasing workload without needing additional taxpayer dollars from the General Assembly. Program applicants will be required to submit a nonrefundable application fee of $50 with their applications. Successful applicants will be required to pay additional program fees.

Grower applications must be postmarked or received by the KDA marketing office no later than November 14, 2016 at 4:30 p.m. EST. Processor or handler applicants are encouraged to submit their applications by November 14, 2016 at 4:30 p.m. EST.

For more information, including the 2017 Policy Guide and a downloadable application, go to kyagr.com/hemp.

CONTINUE TO KENTUCKY DEPARTMENT OF AGRIGULTURE