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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.
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.
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
-(2)This convention shall not apply to the
cultivation of the cannabis plant exclusively for industrial
purposes (fibre and seed) or horticultural purposes.17
"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 ~
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.
Single Convention on Narcotic Drugs, UN, 1961
Multilateral Narcotic Drugs (March 30, 1961)
Article 28: Control of CannabisGATT 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 ~
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
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 |
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
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)
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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.
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3)
"Hemp...Rethink Factsheet #1." http://
www.earthisland.org/ei/paper/hemp.html Online. 29 July 1996.
(Date of access)
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4) Mason, Alan. "Hemp for Victory; History of the Hemp and
Paper Industries." Whole Earth Review. 22 Sept. 1993:48.
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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.
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6) Herer, Jack. The Emperor Wears No Clothes. Business Alliance
for Commerce in Hemp (BACH), 1991: 2.
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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.
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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)
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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.
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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)
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11) Elvin, John. "Green Mountain State Says Go Smoke a Rope." The Washington Times. 3 June 1996: 16.
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12)"Industrial Hemp Planted on Navajo Reservation."http://ecolution.com/navres.html. Online. 29 July 1996. (Date of access)
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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)
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14) "Vermont Hemp Bill." http://ecolution.com/vtbill.html Online. 29 July 1996. (Date of access)
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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)
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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)
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17) "Single Convention on Narcotic Drugs, UN." http://www.welcomehome.org/cohip/PAGES/IND_HEMP/SINGCON.HTM Online. 29 July 1996. (Date of access)
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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)
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19) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 2.
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21) "Germany Lifting Ban on Hemp Cultivation." http://hemptech.com/german.ban.html Online. 29 July 1996. (Date of access)
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22) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 22.
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23) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 16.
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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)
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25) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 17.
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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)
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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)
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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)
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29) "Ecolution Responds to Agent Roques' Lies and Distortions." http://ecolution.com/deahemp.html Online. 29 July 1996. (Date of access)
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30) "Industrial Hemp [Cannabis Sativa]- Economic Viability and Political Concerns." p. 18.
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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.
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33) Friedman, Max. "Whatever Happened to Hemp?" Vegetarian Times. Aug. 1994: 70.
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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)
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35) A note written to Mount Vernon's gardener, reprinted in Chris Conrad's Hemp:Lifeline to the Future 305, 1993.
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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
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
Ecolution
Ecolution sells hemp clothing and accessories. They also
have written to the DEA.29
Businesses
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.
Researched and written by Emily McCauley, August 1996.