DEA affirms hemp’s new status, sends notice that plant is legal

Published August 26, 2019

More than six months after hemp was made legal in the United States, federal drug authorities have updated their guidance to remind law enforcement that hemp is no longer a controlled substance.

A notice posted Monday by the U.S. Drug Enforcement Administration (DEA) cited the 2018 Farm Bill in noting that “certain forms of cannabis no longer require DEA registration to grow or manufacture.”

The agency went on to say that “hemp, including hemp plants and cannabidiol (CBD) preparations at or below the 0.3 percent delta-9 THC threshold is not a controlled substance.”

The DEA notice didn’t change the law or make hemp legal; that occurred last year.

But because the agency had yet to remind national law enforcement through its regular bulletins that hemp is legal, some hemp businesses found themselves fighting legal confusion about the plant’s status.

Attorneys who represent hemp clients told Hemp Industry Daily that the DEA statement is an overdue affirmation of cannabis legality.

The DEA also announced Monday that it will expand research on higher-THC varieties of cannabis classified as marijuana.

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“Any displays, sale or solicitation of CBD oil is illegal and individuals involved are subject to federal investigation and prosecution.”

CBD oil, sold in stores throughout Ohio, is illegal and can carry a felony charge

CBD oil, sold in stores throughout Ohio, is illegal and can carry a felony charge

By Shannon Houser | October 9, 2018 at 9:49 PM EST – Updated October 10 at 11:26 AM

CLEVELAND, OH (WOIO) – CBD oil is available online, in every state and is commonly found on store shelves across Northeast Ohio; however, it’s illegal and can result in a felony charge.

So, why the big confusion over the chemical compound?

“I got pulled over in a traffic stop and long story short, they found CBD oil,” said Robert Faulkner.

It was July of last year when Faulkner was arrested in Richland County.

“I tried it for my anxiety. It didn’t work for me at that particular time and I just threw it in the back on my truck,” he said.

Faulkner said he bought it from a store in Columbus. He said the oil was made and manufactured from a hemp store in Cincinnati.

“I never went to the store and thought I was buying something that would potentially put me in prison,” he said.

Faulkner was slapped with two counts of aggravated possession of drugs. He’s awaiting a grand jury trial for the felony charges.

Here in Ohio, you cannot possess CBD oil. The laws aren’t stopping people from buying it and it’s not stopping stores from selling it.

Faulkner believes the reason is there is so much confusion about the law.

“I didn’t knowingly obtain everything illegal. I went to a store to try to help me with an issue I have,” said Faulkner.

THC is the chemical compound responsible for the high in marijuana. The DEA says they’ve learned through science, that CBD will always contain some amount of THC, even trace amounts that won’t get you high.

But given the presence of THC, the over-the-counter oil is illegal.

Cleveland 19 found two local stores with shelves full of CBD oil.

According to the DEA:

“Any displays, sale or solicitation of CBD oil is illegal and individuals involved are subject to federal investigation and prosecution.”

We found in some states, like in Texas, police are raiding stores who are selling CBD oil.

So why isn’t that happening here if it’s illegal?

The DEA wouldn’t say, but did say stores selling it aren’t immune from federal investigation.

Faulkner says he hopes officials and lawmakers can help make the laws more clear so this doesn’t happen to someone else.

“I have an ankle monitor on right now. I have to go check in with probation. I spent four days in jail. This is impacting my life seriously, for something I bought in at the store to just try to help my anxiety.”

CBD is covered by Ohio’s medical marijuana law–and will be available to those with a medical marijuana card.

The FDA recently approved a CBD oil medication that is used to help treat epilepsy.

It can only be prescribed by licensed doctors.

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RELATED:

Why we must repeal prohibition

Sally Oh was Live on Facebook: “Medical Cannabis, States’ Rights & the Civil War”

PLEASE TAKE 10 MINUTES TO LISTEN TO SALLY OH’S VIDEO!

Sally Oh

Above is the LINK to Sally Oh’s live video on Facebook explaining States Rights and the medical cannabis war.

There is also an article at this LINK from the Tenth Amendment Center which explains States Rights.

States Don’t Have to Comply: The Anti-Commandeering Doctrine

Laws passed in pursuance of the Constitution do stand as the supreme law of the land. But that doesn’t in any way imply the federal government lords over everything and everybody in America. LINK

REPEAL  CANNABIS PROHIBITION IN  KENTUCKY NOW!  SAVE OUR STATE!

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There is also a very good layout of the Kentucky Cannabis Bills for 2018 at the KENTUCKY FREE PRESS website.  Here is that LINK.


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http://tenthamendmentcenter.com/2013/12/28/states-dont-have-to-comply-the-anti-comandeering-doctrine/

https://www.facebook.com/dreambiggerxo/videos/1600760853378573/

http://www.kyfreepress.com/2018/02/medical-cannabis-ky-2018/

Lawmakers eye THC content of state’s industrial hemp

For Immediate Release

May 3, 2017

Lawmakers eye THC content of state’s industrial hemp

FRANKFORT—Industrial hemp legally grown in Kentucky is not considered marijuana. It has only a fraction of THC—or tetrahydrocannabinol, a psychoactive compound—found in marijuana. And state regulators aim to keep it that way.

Around 100 pounds of industrial hemp grown under Kentucky’s three-year old Industrial Hemp Research Pilot Program were destroyed just three weeks ago after the state found the crop had a higher THC level than the law allows. An April 13 Associated Press article on the destroyed crop reported that it registered THC levels of between 1.2 and 0.4 percent, or slightly above the federal and state legal limit of 0.3 percent.

Kentucky mandated 0.3 percent as the legal THC limit for industrial hemp grown in the state four years ago when it passed legislation allowing industrial hemp production as part of a state pilot program cleared by the 2014 U.S. Farm Bill. Hemp grown under the state program is routinely tested—as the destroyed crop was—to ensure that its THC level falls at or below the legal limit.

Questions about the destruction of the non THC-compliant crop were raised today before the state legislative Tobacco Settlement Agreement Fund Oversight Committee by Rep. Kim King, R-Harrodsburg. King asked for more information about what happened with the crop from representatives of Atalo Holding of Winchester and Sunstrand of Louisville, two companies that process industrial hemp at their facilities.

Atalo Holdings Chairman Andrew Graves said the crop is question was a variety most commonly grown in the western U.S. “In this climate, when it’s grown, the THC level tends to be a higher level than it should be.” He said there wasn’t any question that the crop needed to be destroyed.

“It’s not a problem with us. We are used to regulated industries—tobacco is heavily regulated—and so this is as well,” said Graves.

King said she is pleased the system worked.

“I’m very, very inspired and I’m very, very hopeful that the system caught a portion of the crop that tested above the legal limit,” said King. “I just wanted some additional discussion on that.”

Sen. Paul Hornback, R-Shelbyville, mentioned the use of industrial hemp in the production of CBD or cannabidiol oil, which is extracted from hemp. CBD oil reportedly helps with balance, mood, sleep, appetite and can help relieve pain. It has also been known to help with epilepsy. And, since the oil is made from low-THC hemp, it doesn’t create the sensation of being high, like marijuana can.

Hornback asked Graves and others testifying before the committee if medicinal products made from industrial hemp, including CBD oil, are more effective if the THC level is above 0.3 percent. Atalo Holdings Research Officer Tom Hutchens said that, as of yet, is unknown.

“We don’t know the answer to that, truly, because there hasn’t been enough research. I think it will probably get (to a) higher (level) somewhere along the line, but all of this has to do with the national scope,” said Hutchens.

Graves said he’d like to see Kentucky increase its legal limit of THC in industrial hemp from 0.3 percent to 1 percent to improve plant breeding options. That would give Hutchens “some leeway, where he wouldn’t be under the scrutiny of law while he’s trying to breed some new variety that could be indigenous to Kentucky and beneficial to farmers here,” he said.

Cultivation of up to 12,800 acres of industrial hemp for research purposes has been approved by the Kentucky Department of Agriculture (KDA) for 2017. That is nearly three times the acreage approved for industrial hemp cultivation in 2016, according to a press release from the KDA. Kentucky has “the largest state industrial hemp research project program in the nation,” the KDA reports.

Some funding for hemp processing in Kentucky has come from the state’s share of the national Master Settlement Agreement, a 1998 multi-billion dollar agreement between major tobacco companies and 46 states including Kentucky. Spending of those funds are overseen by the Tobacco Settlement Agreement Fund Oversight Committee.

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Legalize marijuana for the state’s sake

legalize-marijuana-leaf-red-white-blue-flag-300x300

Editorial Board

In 1996 California became the first state to legalize medical marijuana. Since then 28 more states have approved the drug for medical use, with another eight, including California, allowing adults to use the drug recreationally. Unfortunately, Kentucky has been slow to adapt, despite the many benefits legalizing the drug would provide.

Back in the day, Kentucky used to thrive growing tobacco. That same land, rich for growing tobacco, is ideal for growing marijuana, which can also be used to produce hemp, a versatile product which can be manufactured into paper, textiles, clothing, food, plastic, and a multitude of other products. 

Marijuana would also be useful as a medical alternative for many in the state who are dependent on prescription drugs. 

 

According to the Centers for Disease Control and Prevention, Kentucky has the highest cancer rates of any state in the country, largely due to our large dependence on the coal and mining industries, which has left countless hard-working Kentuckians with lung cancer. The U.S. National Cancer Institute has said that marijuana kills cancer cells along with alleviating the nausea and other symptoms associated with chemotherapy, which poses a much more effective alternative to prescription drugs. 

With so much of our state crippled by a dying coal industry, legalizing marijuana would be an enormous jobs creator for people looking to farm the crop and others looking to get into the business side of the industry with dispensaries. 

While stigmas still exist surrounding the drug, the issue of marijuana legalization is slowly becoming more of a bipartisan issue that draws support from both Democrats and Republicans, including Kentucky Governor Matt Bevin, who has said in the past that he plans to sign a medical marijuana bill into law during his time in office.

 

It has become a trend in the mainstream media to avoid one of the most pressing issues, not …

States that have approved the drug for recreational use, such as Colorado, tax the drug, and use the money in a variety of ways, from helping the homeless, to improving infrastructure and education. In 2016 alone, Colorado is expected to bring in over $1 billion in tax revenue from marijuana. 

If a similar system of policy was applied in the Bluegrass, money could be used for better education throughout the state, a hot-button issue under Bevin’s administration due to his proposed, but unsuccessful, cuts to higher education. Revenue could also go towards helping revitalize eastern Ky. along with infrastructure, homeless, and veterans, following in the footsteps of Colorado’s successful endeavor with the green. 

According to a 2012 poll by Kentucky Health Issues, 78 percent of Kentuckians support the legalization of medical marijuana. It’s time for our lawmaker’s throughout the state to come together and enact a policy to reflect the will of the people. The longer we wait, the more potential tax revenue we miss out on that could go to benefitting Kentuckians in need. It’s time to

“Make Kentucky Green Again!”

Email opinions@kykernel.com

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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…

The case for hemp…

Cultivation of industrial hemp for fiber and f...
Image via Wikipedia

The Case For Hemp: Good

To Wear, Bad To Smoke

In late 2009, hemp advocates were hoping to piggyback the California vote to legalize marijuana.  The proposition would have allowed the cultivation of all cannabis, including both marijuana and hemp, but it failed to pass.  Despite hemp’s amazing potential, marijuana’s bad rap is holding hemp back.

First let’s get our facts straight.  The words hemp and marijuana are often used interchangeably when they actually refer to different things.  Trying to get high smoking hemp would be like to trying to get drunk drinking non-alcoholic beer.  Hemp is the ultra low-THC ( tetrahydracannabinol, the cannabinoid that gets you high ) cousin of marijuana.  Technically, ‘hemp’ refers to about 60 varieties of cannabis that contain less than 0.3 per cent THC, whereas marijuana can have as much as 24 per cent THC.  Smoking something made of hemp would certainly not get you high, only a headache.

The truth is that hemp products are often superior to their alternatives.  Thomas Jefferson and George Washington both cultivated hemp and believed it superior to linen and tobacco.  Hemp seed is an amazing food source that is high in protein.  Cold pressed hemp seed oil has lots of omega-3, 6 and 9 fatty acids, lots of vitamin E and is low in saturated fat.  It’s nutritious, delicious and good for your skin.  Agriculturally, it is an environmentally friendly crop that grows fast and requires no herbicides or pesticides.  The outside of the stem makes cloth four times stronger than cotton, is more absorbent and dries faster.  Gone are the days of rough coarse cloth– new processing techniques make silky soft hemp cloth.  The woody core of the stem is high in cellulose and makes strong, white paper which can be recycled more times.  It makes absorbent animal bedding or can be mixed with lime and water which petrifies to make strong, green, lightweight concrete alternatives.

Many still mistakenly fear that hemp fields could be used to hide marijuana crops, but this is unfounded.  Hemp and marijuana are harvested at different times and in different manners.  In every hemp crop there are male and female plants.  But the stuff people smoke is called ’sensimilla:’ unfertilized female cannabis flowers.  Female marijuana plants grown near hemp would become fertilized and thus have significantly lower potency and little value.

Way back in 1998 the Canadian government recognized hemp’s value and legalized its agricultural production.  In 1998, Canada grew 5,857 acres of hemp for industrial use.  In 1999, the total increased six-fold to nearly 34,657 acres.  Consolidated Growers and Processors Inc.  out of California had agreed to buy most of Manitoba’s crop, which was largely responsible for the drastic increase in production.  Then they filed for bankruptcy, leaving Canadian hemp growers without a buyer for their crops.

There were a few small Canadian companies that tried to fill the void, but today we really only have one small fibre processing facility, Stemergy Inc, in Ontario.  Farmers in western Canada can sell their hemp seed to a variety of hemp oil processors, but the valuable bales of stalks and stems are burnt or left to rot.  Experts agree that the major hurdle for a successful hemp industry is technological in nature.  We just don’t have the infrastructure.  It’s sad that 12 years after it was legalized here, we still are not processing this important fibre.

Because of cannabis prohibition in North America, China has surged ahead in the hemp industry, making it more difficult for Canada to enter the market.  China grows and processes more hemp than any other country.  Hemp has never been illegal there.  Chinese farmers are given hemp seed for free by the government, who are actively promoting and pushing the industry.  Why isn’t Canada? Most likely due to the stigma that cannabis still carries.  Because of prohibition, our subconscious feelings and emotions toward cannabis have been so ingrained that we are unable to look at hemp objectively.

In September 2008, it was announced that Parkland Industrial Hemp Growers and Parkland BioFibre out of Manitoba received $6 million in grants and loans for a $24 million dollar plant.  They plan on exporting the processed raw material to China.  Unfortunately, they are still looking for the remianing funding needed to complete the project.  Two and a half years later, construction has yet to begin.  Others have been searching for an in-field solution, which would allow farmers to do some initial processing of the raw materials themselves.

Things are slowly changing.  You can help.  Educate yourself.  Buy a hemp t-shirt.  Hemp is not just for hippies, it’s for the pragmatic.

Source: Gauntlet, The (CN AB Edu)
Contact: editor@thegauntlet.ca
Copyright: 2011 Gauntlet Publications Society.
Website: http://thegauntlet.ca/
Author: Adam Worobec

Other Posts of Interest:

  1. The Case For Hemp
  2. Is Hemp A Cash Crop?
  3. Hemp Should Be Encouraged
  4. Hemp Growers Take Case to Higher Authority