~ What is Industrial Hemp? ~

Cannabis Sativa L. is an annual plant originating from China. The versions of this plant with high levels (3-15%) of delta-9 tetrahydrocannibinol (THC) are considered marijuana. THC is the psychoactive ingredient that gives user a 'high'. Plants with lower levels (0-1%) of THC are usually considered industrial hemp. Smoking these plants will not result in a 'high'. Industrial hemp is grown tightly to minimize leafing; the most useful part is the stalk. Marijuana plants are given much room to leaf and bud since THC occurs in these areas. Cannabis is compatible with the growing season of every state in America.

This is the current definition of marijuana, it is very unclear.
USC Title 21 (Food and Drugs) (1988), Chapter 13 (Drug Abuse Prevention and Control), Section 802

(16) 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 provided 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. 1

Dr. William C. Woodard, legislative counsel, American Medical Association, Chicago, IL gave this testimony against Marijuana Tax Act of 1937.
"I use the word "Cannabis" in preference to the word "marijuana", because Cannabis is the correct term for describing the plant and its products. The term "marijuana" is a mongrel word that has crept into this country over the Mexican border and has no general meaning, except as it relates to the use of Cannabis preparations for smoking....It was the use of the term "marijuana" rather than the use of the term "Cannabis" or the use of the term "Indian hemp" that was responsible, as you realized, probably, a day or two ago, for the failure of the dealers in Indian hempseed to connect up this bill [the 1937 Marijuana Tax Act] with their business until rather late in the day."
2

~ History of Industrial Hemp ~

Hemp cultivation has roots in ancient Chinese cultivation. It has been grown since 4,500 BC for cloth, food, medicine, and shelter. Even the oldest known piece of paper contains hemp. Hemp was cultivated in Europe by 400 BC. and in New England by 1629. "The Gutenburg Bible (15th Century), the King James Bible (17th Century), the first and second drafts of the Declaration of Independence, and the original works of Mark Twain, Victor Hugo, Alexander Dumas, Lewis Carroll, and Thomas Paine were all printed on paper made of hemp fibers." 3 It was Kentucky and Missouri's principal crop at one time. Hemp cultivation is possible in every state in America; in some places it is possible year-round.

Cotton began passing industrial hemp production due to the invention of the cotton gin in 1793. However, 1917 saw the invention of the decorticator, a hemp fiber separator. The hemp market was on the verge of taking off again when a few industries got together to bury it for their own interests. DuPont, a petrochemical producer, invented nylon in 1935, often used for rope and clothing, and did not want the competition from hemp. This was a result of their recently patented chemical processes for producing plastics and paper from petroleum and wood. William Randolf Hearst also had a vested interest in subduing the hemp industry. He was a main user of chemically treated wood pulp and owned a newspaper he wanted printed on trees. (His company owned many forest logging licenses.) Hearst is responsible for the Mexican slang word 'marijuana' entering America's vocabulary. He, with DuPont and other's help, began scarring the public into distrusting all strains of Cannabis. "[By] portraying it as a drug that causes minorities to rob, rape, murder,...Hearst created a climate of fear that laid the groundwork for the plans of Harry Anslinger, head of the newly formed Federal Bureau of Narcotics." 4 Using articles from Heart's 'yellow journalism', Anslinger pressured Congress into passing the 1937 Marijuana Tax Act. The American Medical Association testified against the act but to no avail. 2 Representatives of seed and lubricating industries also testified against the act, but were reassured by proponents that it would not effect their business and that the intent of the act was not to hurt industrial hemp. Anslinger, was asked by Senator Brown at a Hearing for the Marijuana Tax Act of 1937, "What dangers, if any, does this bill have for the persons engaged in the legitimate uses of the hemp plant?" Anslinger replied, "I would say that they are not only amply protected under this act, but they can go ahead and raise hemp just as they have always done it." 5 Industrial hemp remained 'legal' and was grown in Wisconsin until 1958, but the red tape, over taxing, and deterrent of its association with marijuana slowly killed the industry.

For four years during World War II, industrial hemp was relegalized when Japan cut off jute imports. Farmers were exempted from the war if they would grow hemp to be used for ship canvas, fuel, soldiers clothing, rope, etc. The USDA even produced a propaganda film entitled 'Hemp for Victory' to encourage farmers to grow it. "The U.S. government distributed 400,000 pounds of cannabis seeds to American farmers from Wisconsin to Kentucky, who produced 42,000 tons of hemp fiber annually for the war effort until 1946." 6

The 1937 Marijuana Tax Act was repealed in 1970 and was replaced with the Comprehensive Drug Abuse Prevention and Control Act of 1970 wherein the definition of marijuana remained the same. 7 President Nixon created the Drug Enforcement Agency (DEA) in 1973 and abolished the Federal Bureau of Narcotics (FBN) by transferring drug enforcement authority to the Department of Justice. 7 The definition and supposedly the intent [not to harm industrial hemp production] remained the same. Courts have consistently returned to the intent of the 1937 Congress when "attempting to discern the meaning of the federal definition of marijuana." 7

In 1988, the FDA classified marijuana and industrial hemp as a schedule I drug, the worst class. Heroin is in schedule I, cocaine is in schedule II, and amphetamines are in schedule III. Looking at industrial hemp, it is unreasonable to classify it as a schedule I drug.

Recently, over 25 nations have relegalized or continued its cultivation. Several states in the US have attempted to pass laws acknowledging the difference and legalizing the cultivation of industrial hemp. However, the DEA is preventing most action.

~ Overview of State Proposals and
Legislation Concerning Industrial Hemp ~

Colorado

The Colorado Senate passed the Colorado Industrial Hemp Production Act on March 28,1996. The act states that "all laws concerning the strict control of marijuana and marijuana concentrate as a controlled substance shall remain in effect."
10 It makes it legal to possess, grow, produce, and sell industrial hemp which is defined as having less than 1% THC. The act also reclassifies industrial hemp as an agricultural product and is therefore subject to regulation by the commissioner of agriculture. Growers must register with an approved hemp production association licensed by the Department of Agriculture. The fees from the licenses are credited to a hemp production cash fund. After the bill moved to the House of Representatives, it was killed in the House Agriculture Committee due to heavy lobbying by 12 state and federal police agencies including the DEA and Colorado State Police.

Navajo Nation

In March of 1996, following an effective education campaign, the Navajo Nation unanimously passed a resolution allowing industrial hemp cultivation on the sovereign soil of the Nation. A ceremonial planting of a few seeds took place. Leaders of the Nation are looking towards its cultivation as a boost for employment and have set aside 30,000 acres for planting. They have even received purchase orders from interested paper, fiberboard, food, and oil companies.
11 The DEA is closely monitoring this situation and may take action if large-scale plots are planted. "Navajo Nation president Albert Hale is awaiting a legal opinion from the tribe's Justice Department before going forward with the project."12

Missouri

S.B 0972, the Industrial Hemp Production Act, passed the Senate 23-5. Due to time constraints in committees, the bill was dropped temporarily. The Oxford Hemp Exchange has been given a commitment to reintroduce the bill in 1997. The Missouri bill acknowledges the ability to regulate industrial hemp, Cannabis Sativa L., without interfering with the enforcement of the controlled substances laws. The threshold level of THC was defined as 1%. The director of agriculture would license and authorize the cultivation of industrial hemp for commercial uses only, (eg. cloth, paper, composite materials, etc.). Also, the license holder must notify the director annually of the sale or distribution of it and the names of whom it is to be sold or distributed to. Furthermore, higher education institutions may receive as much as $50,000 to conduct research on commercial uses of industrial hemp.
13

Vermont

Vermont passed H. 783. It authorizes the University of Vermont to conduct research for two years analyzing the economic and agricultural viability of hemp cultivation in the state. Research worldwide will be analyzed to find what minimal levels of THC are obtainable. Law enforcement aspects will also be investigated. Recommendations will be reviewed on January 15, 1998 by the house and senate committees on agriculture and judiciary. Also included in the bill is a state-federal memorandum of understanding wherein the commissioner is authorized to collaborate with the DEA on the development of a memorandum of understanding.
14

Hawaii

On April 23, 1996, both houses of the legislature passed a resolution to conduct a study of industrial hemp's potential for Hawaii. The study considers "1) the commodity value, 2) economic potential and other benefits, 3) comparison of the economic potential with that of other similar crops, including kenaf and sunn hemp, 4) interest of Hawaii landowners, businesses and other parties in growing industrial hemp, 5) federal procedures for obtaining a permit to grow hemp, and 6) the barriers, including federal procedures and current drug policies at the federal, state and county levels that inhibit and prohibit the growing of hemp."
15

Other states

California, Oregon, and Louisiana are focusing on medicinal marijuana and the legalization of both marijuana and industrial hemp simultaneously. Arizona, Illinois, and Indiana are working with the issue of tax stamps and license for growing marijuana.

The Oregon Cannabis Tax Act of 1997 focuses primarily on legalizing marijuana. It also includes a proposal making fiber and seed hemp crops legal and unregulated. 16

Single Convention on Narcotic Drugs, UN, 1961

Multilateral Narcotic Drugs (March 30, 1961)
Article 28: Control of Cannabis

-(2)This convention shall not apply to the cultivation of the cannabis plant exclusively for industrial purposes (fibre and seed) or horticultural purposes.17

GATT and NAFTA

"International trade agreements (e.g. GATT and NAFTA) recognize the designation of .3% ...THC as the distinction between industrial hemp and marijuana." Bob Winters, president of the Weld County Farm Bureau of Colorado, as written in an editorial printed in (American) 'Farm Bureau News', June 17, 1996.18

Executive Order 12919

President Clinton signed Executive Order 12919 on June 3, 1994. It listed national resources and mentioned hemp as a strategic food resource.
19

~ Countries Growing Industrial Hemp ~

Hemp is grown in over 25 nations including Chile, Georgia, Hungary, Korea, Poland, Romania, Russia, Spain, and Switzerland.

Australia

Australia now allows cultivation for research purposes only.

Canada

Canada is working on bill C-8. It would legalize the wearing of hemp clothing, jewelry, etc. and allow farmers to sell their hemp stalk and/or fiber (not the seeds, leaves, or flowers). However, it can be grown for research purposes only and growers must get a license.

China

China has been cultivating hemp since 4,500 BC. They recently allocated $30 million towards developing a hemp processing mill.

France

France pushed the European Economic Community (EEC) for a .3% THC policy because of a monopoly they held at one time on seeds with this level.
20

Germany

Hemp cultivation was banned in 1982 and was relegalized in 1993 Hemp can be grown if the THC level is less than .3%. Farmers are even offered subsidies to grow it. German Health Minister Horst Seehofer says, "German farmers should be able to take advantage of the market potential for the hemp plat, which has many uses in industry and may also be a source of energy...We now have strains of hemp which contain such small amounts of the drug THC that they cannot be used for drug production. The principle argument against a continuing ban on hemp cultivation is therefore no longer valid."
21

Great Britain

Upon legalization of industrial hemp cultivation in 1993, plants were occasionally stolen from fields. "By 1995, however, potential drug users appear to have gotten the message that industrial hemp serves them no purpose and have left hemp fields alone."
22

Ukraine

One strain grown in the Ukraine contains only .06% THC.
23

~ Possible Markets for Hemp ~

All of these products are natural based, not petrochemical based, and thus are associated with less pollution in production and are biodegradable. There are over 25,000 uses including:

Copy paper
Fuel
Soap
Fine linen
Newsprint
Shampoo
Diapers
Margarine
Rope
Sails
Edible seeds
Cordage
Carpet
Edible oil
Paneling
Insulation
Animal feed
Fiberboard
Fabrics
Granola
Cement blocks
Shoes
Birdseed
Detergent
Oil paint
Ink
Silverware
Motor oil
Varnishes
Plates
Cosmetics
Cups
Clothing
Lip balm
Shopping bags
Hats
Books
Art canvas
Bags and totes
Biodegradable plastics
Car fenders
Surfboards
Absorbants for horse stables
Absorbants for oil spills
Absorbants for cat litter

~ Those Involved and Their Positions ~

American Farm Bureau

Representing 4.6 million members, the Bureau unanimously passed a resolution at its 77th annual convention which endorses research of industrial hemp's potential in the United States.

Farm Bureaus

Colorado Farm Bureau, Kentucky Farm Bureau, Wisconsin Agribusiness Council, Weld County Farm Bureau (CO), and many more all support the movement towards legalizing industrial hemp.

Kentucky Hemp and Related Fibers Task Force

The Institute for Hemp summarized the task force's findings. "Legal prohibition of Cannabis cultivation is the overriding obstacle to reintroduction of fiber hemp production in Kentucky. Significant progress on agronomics, marketing, or infrastructure development is unlikely, and of relative little importance, unless legal issues are resolved. Legislative action would be required at both the state and federal level."
24

The task force's overall conclusion was NO for industrial hemp. "However, for reasons unknown, the chairman disbanded his task force prematurely and issued a hastily assembled report which was not endorsed by many of the task force members." 25

USDA

In 1995, the USDA issued a fairly inconclusive white paper entitle "Industrial Hemp and Other Alternative Crops for Small-Scale Tobacco Producers".26 In past reports, they have been supportive of industrial hemp.

DEA

The DEA's position is best outlined in a letter by Philip Perry, previous Special Agent in Charge, written to the members of the Senate Agriculture committee of the Colorado state legislature 2 hours before the vote on a bill relegalizing industrial hemp.

Colorado Hemp Initiative Project

A response was written by Thomas Ballanco, the Co-Chair of the Environmental Action Committee.
"At no time, since cannabis was first regulated in 1937, has Congress ever expressed an intent to outlaw the legitimate hemp industry. At Congressional hearings after the World War II "Hemp for Victory" campaign, Will S. Wood, Deputy Commissioner of the Federal Bureau of Narcotics (forerunner of [the DEA]), guaranteed that marijuana regulation would not have a negative impact on the commercial hemp industry. Congress provided for the regulation of the hemp industry in all its legislation until the early 1970s. When Congress stopped, the right to regulate commercial hemp farmers reverted back to the states under the tenth amendment. The federal government continues to recognize the legitimacy of the hemp industry in international treaties and by failing to list hemp producing nations as "drug source" countries for marijuana. Finally on June 3, 1994, President Clinton signed Executive Order 12919 which includes hemp in a list of essential national resources. The federal law is far from clear regarding the interplay between federal marijuana laws and the legitimate hemp industry."28

Ecolution

Ecolution sells hemp clothing and accessories. They also have written to the DEA.
29

Businesses

Pro
Adidas makes shoes called 'The Hemp' out of industrial hemp fiber. Several companies have expressed interest in Colorado hemp as alternative fiber sources, including International Paper, Masonite, and Inland Container Corporation. Small business have sprouted up across the country to satisfy the increasing demand for hemp clothing, accessories, paper, etc. Currently 115 U.S. companies import hemp products to sell or import raw hemp materials.

Con
Timber companies do not want the demand for wood to decrease. Paper companies with monetary ties to timber do not want the demand for wood to decrease. Petrochemical companies, including DuPont, do not want competition from natural based products.

Environmental groups

Many support the relegalization of industrial hemp due to its numerous environmental benefits.

NORML

The National Organization for the Reform of Marijuana Laws supports the legalization of both industrial hemp and marijuana. They have brought cases to court challenging the scheduling of marijuana.

~ Facts about Industrial Hemp ~

~ Works Cited ~

1) "United States Federal Government Legal Definition of Marijuana." http://www.welcomehome.org/cohip/PAGES/POLITICS/DEFN.HTM Online. 29 July 1996. (Date of access) back

2) Dr. William C. Woodard, legislative counsel, American Medical Association, Chicago, Ill. Qoted from page 11 of testimony on the Marijuana Tax Act of 1937. Congressional Hearings: Committee on Ways and Means, House of Representatives, 75th Congress, First Session on H.R. 6385. April 27-30, May 4, 1937. Reprinted in The Emperor Wears No Clothes. April 1991: 123-5. back

3) "Hemp...Rethink Factsheet #1." http:// www.earthisland.org/ei/paper/hemp.html Online. 29 July 1996. (Date of access) back

4) Mason, Alan. "Hemp for Victory; History of the Hemp and Paper Industries." Whole Earth Review. 22 Sept. 1993:48. back

5) Anslinger, H.J. Commissioner of Narcotics, Treasury Department. Quoted from page 17 of a hearing on the Marijuana Tax Act of 1937. Congressional Hearings: Subcommittee of the Committee on Finance, Senate, First Session on H.R. 6906. July 12, 1937. Reprinted in The Emperor Wears No Clothes. April 1991: 126-131. back

6) Herer, Jack. The Emperor Wears No Clothes. Business Alliance for Commerce in Hemp (BACH), 1991: 2. back

7) Ballanco, Thomas. "The Colorado Hemp Production Act of 1995: Farms and Forests Without Marijuana." University of Colorado Law Review, Volume 66, Issue 4. 1995: Introduction. back

8) Gettman, John. "The Scientific and Legal Basis for the End of Marijuana Prohibition." http://www.commonlink.com/~olsen/NORML/PETITIONS/jon-02.html. Online. 2 Aug. 1996. (Date of access) (It contains an evaluation of marijuana and the eight criteria for classifying a drug as schedule I) back

9) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." Prepared for the Minority Floor Leader of the Hawaii House of Representatives. http://www.pressenter.com/~davewest/hawaii.rpt.html Online. 29 July 1996. (Date of access) p. 13. back

10) Ballanco, Thomas. "The Colorado Hemp Production Act of 1996." http://www.welcomehome.org/cohip/PAGES/POLITICS/96ACT.HTM Online. 29 July 1996. (Date of access) back

11) Elvin, John. "Green Mountain State Says Go Smoke a Rope." The Washington Times. 3 June 1996: 16. back

12)"Industrial Hemp Planted on Navajo Reservation."http://ecolution.com/navres.html. Online. 29 July 1996. (Date of access) back

13) "Senate Bill No. 972." Bill text: http://www.senate.state.mo.us/billtext/intro/SB972.htm Bill summary:http://www.house.state.mo.us/bills/sb972.htm Online. 29 July 1996. (Date of access) back

14) "Vermont Hemp Bill." http://ecolution.com/vtbill.html Online. 29 July 1996. (Date of access) back

15) "Hawaii Passes Hemp Resolution." 9 May 1996, NORML News Related to Marijuana Prohibition. http://www.pantless.com/~pdxnorml/050996.html Online. 26 July 1996. (Date of access) back

16) Stanford, Paul. "Re-Legalize Hemp in Oregon!" http://www.damicon.fi/drugs/politics/bills/or.cannabis.tax.act.97 Online. 29 July 1996. (Date of access) back

17) "Single Convention on Narcotic Drugs, UN." http://www.welcomehome.org/cohip/PAGES/IND_HEMP/SINGCON.HTM Online. 29 July 1996. (Date of access) back

18) Winters, Bob. President of Weld County Farm Bureau of Colorado. As written in his editorial printed in "Fram Bureau News", 17 June 1996. Quoted in "American Farm Bureau Pens Article in Support of Hemp." 8 July 1996, NORML News Related to Marijuana Prohibition. Online. 26 July 1996. (Date of access) back

19) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 2. back

20) Ibid. p. 15. back

21) "Germany Lifting Ban on Hemp Cultivation." http://hemptech.com/german.ban.html Online. 29 July 1996. (Date of access) back

22) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 22. back

23) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 16. back

24) Birrenbach, John. "Institute for Hemp Summarizes the Kentucky Hemp Report." http://www.welcomehome.org/cohip/PAGES/IND_HEMP/KENTUCKY/KYREP-SU.HTM Online. 29 July 1996. (Date of access) back

25) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 17. back

26) USDA. "Industrial Hemp and Other Alternative Crops for Small-Scale Tobacco Producers." Washington, DC :1995. Reprinted at http://www.welcomehome.org/cohip/PAGES/IND_HEMP/USDA95.HTM Online. 29 July 1996. (Date of access) back

27) Perry, Philip. "The Letter That Killed the Bill." http://www.welcomehome.org/cohip/PAGES/POLITICS/DEA-LET.HTM Online. 29 July 1996. (Date of access) back

28) Ballanco, Thomas. "Thomas Ballanco Replies to the DEA." http://www.welcomehome.org/cohip/PAGES/POLITICS/DEATOM.HTM Online. 29 July 1996. (Date of access) back

29) "Ecolution Responds to Agent Roques' Lies and Distortions." http://ecolution.com/deahemp.html Online. 29 July 1996. (Date of access) back

30) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 18. back

31) Herer, Jack. p. 47. back

32) USDA. "Hemp Hurds as Paper-Making Material." Bulletin No. 404. Washington, DC: USDA, 14 Oct. 1916. Reprinted in The Emperor Wears No Clothes. April 1991: 118. back

33) Friedman, Max. "Whatever Happened to Hemp?" Vegetarian Times. Aug. 1994: 70. back

34) Anderson, Jack. The Washington Post. 24 June 1972:31. Reprinted in 9 May 1996, NORML News Related to Marijuana Prohibition. http://www.pantless.com/~pdxnorml/050996.html Online. 26 July 1996. (Date of access) back

35) A note written to Mount Vernon's gardener, reprinted in Chris Conrad's Hemp:Lifeline to the Future 305, 1993. ??back


Researched and written by Emily McCauley, August 1996.

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