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The Good News
2019 April/May
Pg 3 - The Sunshine Express
that THC concentration is on a dry weight basis
and can be measured from any part of the
plant. Some states also require the plant to be
possessed by a licensed grower for it to be con-
sidered under the definition of industrial hemp.
Research and Pilot Programs
States have passed laws creating or allowing for
the establishment of industrial hemp research or
pilot programs. State agencies and institutions
of higher education administer these programs
in order to study the cultivation, processing and
economics of industrial hemp. Pilot programs
may be limited to a certain period of time and
may require periodic reporting from participants
and state agencies. Some states establish spe-
cific regulatory agencies or committees, rules,
and goals to oversee the research programs.
States may also require coordination between
specific colleges or universities and the pro-
grams, in other states coordination is optional.
From 2015 to 2016, seven states enacted leg-
islation to create hemp research or pilot pro-
grams, including Pennsylvania (H.B. 976) and
Hawaii (S.B. 2659).
While industrial hemp research and pilot pro-
grams typically focus on studying the culti-
vation, processing for certain products and
economic impacts of hemp, some states have
specific guidelines and intended goals. Here are
some examples of unique state research goals:
Colorado S.B. 184 (2014) created an Industrial
Hemp Grant Research Program for state univer-
sities to research and develop hemp strains that
are best suited for industrial applications and
develop new seed strains.
Colorado S.B. 109 (2017) directed the commis-
sioner of agriculture to create a group to study
the feasibility of hemp products¡¯ use in animal
feed.
Kentucky¡¯s industrial hemp research program
studies the environmental benefit or impact of
hemp, the potential use of hemp as an energy
source or biofuel, and the agronomy research
being conducted worldwide relating to hemp.
The North Carolina Hemp Commission studies
the best practices for soil conservation and res-
toration in collaboration
(continued pg 4 >>)
Byways (continued from pg 1)
their tribal territory. A
state plan must include
certain requirements,
such as keeping track
of land, testing meth-
ods and disposal of
plants or products that
exceed the allowed
THC concentration.
Previously, the 2014
Farm Bill defined
industrial hemp and al-
lowed for state depart-
ments of agriculture
or universities to grow
and produce hemp
as part of research or
pilot programs. Specifi-
cally, the law allowed
universities and state
departments of agricul-
ture to grow or culti-
vate industrial hemp if:
¡°(1) the industrial
hemp is grown or
cultivated for purposes
of research conducted
under an agricultural
pilot program or other
agricultural or academ-
ic research; and
(2) the growing or
cultivating of industrial
hemp is allowed under
the laws of the state in
which such institution
of higher education or
state department of
agriculture is located
and such research oc-
curs.¡±
The U.S. Depart-
ment of Agriculture, in
consultation with the
U.S. Drug Enforcement
Agency (DEA) and the
U.S. Food and Drug
Administration, re-
Colorado Byways connect the state by providing
access to:
-23 Colorado State Parks
-13 National Recreation Trails
-Four National Parks: Black Canyon of the Gun-
nison, Great Sand Dunes, Mesa Verde (a World
Heritage Site) and Rocky Mountain
-Eight National Forests
-Eight National Monuments
-Two National Historic Sites
-Two National Heritage Areas
-Two National Wildlife Refuges
-Two National Recreation Areas
-Two National Grasslands
-One Tribal Park (Ute Mountain)
Colorado Byways also provide access to 26 other
environmental points of interest (including Na-
tional Natural Landmarks), a minimum of seven
federally recognized Wilderness Areas, many Colo-
rado Welcome Centers, Colorado Main Streets and
Colorado Creative Districts.
Byway sponsors list approximately 50 local and
state museums and historical sites, including eight
scenic and historic trains.
Many byways feature CDOT highways and local
and regional roadways that are in and of them-
selves historic and worthy of national recognition
for their pioneering engineering.
(source: www.codot.gov)
leased a Statement of Principles on Industrial
Hemp in the Federal Register on Aug 12, 2016,
on the applicable activities related to hemp in the
2014 Farm Bill.
State Action
State policymakers have taken action to address
various policy issues - the definition of hemp,
licensure of growers, regulation and certification of
seeds, state-wide commissions and legal protec-
tion of growers. At least 41 states have enacted
legislation to establish industrial hemp cultivation
and production programs.
2018 Legislation Update
At least 38 states considered legislation related to
industrial hemp in 2018. These bills ranged from
clarifying existing laws to establishing new licens-
ing requirements and programs.
At least six states - Alaska, Arizona, Kansas, Mis-
souri, New Jersey and Oklahoma - enacted leg-
islation in 2018 establishing hemp research and
industrial hemp pilot programs. Georgia created
the House Study Committee on Industrial Hemp
Production.
States, already allowing for industrial hemp pro-
grams, continued to consider policies related to
licensure, funding, seed certification and other
issues. For example, Tennessee amended its Com-
mercial Feed Law to include hemp.
2017 Legislation Update
38 states and Puerto Rico considered legislation
related to industrial hemp in 2017. These bills
ranged from clarifying existing laws to establishing
new licensing requirements and programs. At least
15 states enacted legislation in 2017 - Arkansas,
Colorado, Florida, Hawaii, North Dakota, Nevada,
New York, Oregon, South Carolina, Tennessee,
Virginia, Washington, West Virginia, Wisconsin and
Wyoming. At least four states - Florida, Nevada,
New Mexico and Wisconsin - authorized new re-
search or pilot programs.
Defining Hemp
State statutes, with the exception of West Virginia,
define industrial hemp as a variety of cannabis
with a THC concentration of not more than 0.3
percent. West Virginia defines hemp as cannabis
with a THC concentration of less than 1 percent.
Many state definitions for industrial hemp specify
Legal Hemp In 2019
[The 2018 Farm Bill changed federal policy
regarding industry hemp, including the removal of
hemp from the Controlled Substances Act and the
consideration of hemp as an agricultural product.
To help provide clarity on all of the major changes
and current regulations, we provide this summary
from the National Conference of State Legislatures
(NCSL). - Editor]
STATE INDUSTRIAL HEMP STATUTES
(PLEASE NOTE: NCSL cannot provide advice or as-
sistance to private citizens or businesses regard-
ing industrial hemp laws or other related matters.
Please consult your state department of agricul-
ture or a private attorney.)
Introduction
Hemp material.State legislatures have taken ac-
tion to establish state licensed industrial hemp
programs and promote hemp as an agricultural
commodity in recent years. A wide range of prod-
ucts, including fibers, textiles, paper, construction
and insulation materials, cosmetic products, ani-
mal feed, food and beverages all may use hemp.
While hemp and marijuana products both are
species of the cannabis plant, hemp is typically
distinguished by its lower concentration of tetra-
hydrocannabinol (THC).
Federal Action
The 2018 Farm Bill changed federal policy re-
garding industry hemp, including the removal of
hemp from the Controlled Substances Act and the
consideration of hemp as an agricultural product.
The bill legalized hemp under certain restrictions
and expanded the definition of industrial hemp
from the last 2014 Farm Bill.
The bill also allows states and tribes to submit a
plan and apply for primary regulatory authority
over the production of hemp in their state or in