Why Not Hemp?
Jul 02, 2018
Hemp was one of the earliest crops grown commercially in this country, long before the United States actually became a sovereign nation. The first formal record of its production appeared in a tax revenue document issued in the colony of Virginia in 1632. Raw hemp and hemp products were a key export from the American colonies to Great Britain, used for ship rigging, clothing, maps, books, sails and tents. Contemporaneous records indicate that two of our first three Presidents, George Washington and Thomas Jefferson, raised hemp on their Virginia plantations. This crop, along with wheat and corn, was commonly planted on farms as the United States expanded westward, although not in large acreage overall.
Farmer interest in hemp as a crop waned during the early part of the 20th century, in part because equipment enabling mechanical breaking and processing of the crop was not widely available. U.S. hemp area rose briefly from 8,400 acres in 1915 to 41,200 acres in 1917 to meet military demand during World War I.
In addition, this period marked a change in public attitude toward the narcotic properties of this plant, cannabis sativa, which until the early 20th century had largely been viewed as beneficial. However, with its increasing use as a recreational drug, which became known to the public as marijuana, and stigmatized in at least some parts of the country due to its popularity among Hispanic immigrants, the plant got caught up to certain extent in the public revulsion toward a range of substances that cause intoxication, an effort focused but not limited to alcohol. Massachusetts was the first state to outlaw the use of marijuana in 1911, followed by 10 other states by 1927. In 1937, Congress established federal jurisdiction over the production of cannabis sativa, in the Marijuana Tax Act, which did not differentiate between growing it as an industrial crop or for less licit purposes.
U.S. entry into the Second World War prompted authorities to revisit their attitude toward growing hemp, as the main U.S. supplier of the product at the time, the Philippines, was invaded by Japan. The U.S. Department of Agriculture produced a 15-minute film entitled Hemp for Victory, to encourage farmers to consider growing the crop. The effort succeeded in inducing farmers to plant nearly 150,000 acres of hemp by 1943.
Production of cannabis sativa was restricted in the United States in 1970 when the Controlled Substances Act was enacted, with no legal distinction drawn between its production for industrial purposes as opposed to crops harvested for smoking as marijuana.
Today, industrial hemp is legally grown in 30 countries, primarily in Europe and Asia. Although the crop is taxonomically the same as marijuana, the seeds used for hemp cultivation are bred to be low in THC concentration, the substance which provides the intoxicating effect. As of 2013, Canada had the largest area of hemp, followed by North Korea, China, and France. To the extent that U.S. products utilize hemp fibers, seed, or oil, they are entirely imported, primarily from Canada and China. Although not separately tracked by the U.S. government, an industry association estimates that hemp-based products sold in the United States had a value of $688 million in 2016.
Ironically, marijuana can now be used legally for recreational purposes in nine states plus the District of Columbia, and in a total of 29 states for medical purposes. It is licensed for production in many of those states, although such production remains in violation of federal law unless it has a permit from the Drug Enforcement Administration (DEA).
In the Agricultural Act of 2014, a provision (Section 7606) was included allowing state departments of agriculture and other entities to establish pilot programs to study the impact of growing industrial hemp. Under this authority, farmers had planted more than 23,000 acres of hemp as of 2017, with the largest area found in Colorado (7,500 acres), Oregon (3,469 acres) North Dakota, (3,020) acres, Kentucky (3,000 acres) and New York (2,000 acres).
On March 26, 2018, Senator Mitch McConnell (R, KY), the Senate majority leader, announced his plans to introduce the Hemp Farming Act of 2018, which would remove the crop from the list of controlled substances and allow it to be produced and sold as an agricultural commodity. He views this crop as a high-value option which can replace tobacco as a profitable crop that can be grown on small acreage for farmers in his state. The provisions of that bill, including making hemp eligible for crop insurance coverage and removing it from the controlled substances list, were incorporated in the Senate version of the farm bill marked up in Committee on June 13th, and were retained in the version approved by the full Senate on June 28th, on a broad bipartisan vote of 86-11.