Today, a law went into effect legalizing the production and processing of industrial hemp for commercial purposes in Rhode Island, setting the foundation to nullify federal prohibition in practice.
A coalition of five Democrats introduced House Bill 8232 (H8232) on May 19. As introduced, the legislation would have only allowed state-licensed representatives of the Narragansett Indian Tribe to produce, possess, distribute, and commercially trade industrial hemp. In a rapid series of events, the bill was amended in the House Committee of Health Education and Welfare to apply to everybody.
Under the law, industrial hemp is now treated as an agricultural crop subject to regulation by the Rhode Island Department of Business Regulation. The legislation reads in part:
Hemp is an agricultural product which may be grown as a crop, produced, possessed, distributed, and commercially traded pursuant to the provisions of this chapter…The department shall adopt rules to provide for the implementation of this chapter, which shall include rules to require hemp to be tested during growth for THC levels and to require inspection of hemp during sowing, growing season, harvest, storage, and processing.
The law prohibits the Department of Business Regulation from adopting any rules that would prohibit a person or entity from growing or distributing hemp based on the legal status of hemp under federal law. Language in the bill acknowledges federal prohibition on hemp, but correctly asserts the state can legally dictate its own policy notwithstanding federal law.
States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.
FEDERAL FARM BILL
Early in 2014, President Barack Obama signed a new farm bill into law, which included a provision allowing a handful of states to begin limited research programs growing hemp. The “hemp amendment”
…allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oil-seed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under state law.
In short, current federal law authorizes the farming of hemp – by research institutions only, for research only. Farming for commercial purposes by individuals and businesses remains prohibited. The new Rhode Island law ignores federal prohibition and authorizes commercial farming and production anyway.
By rejecting any need for federal approval, H8232 sets the stage to nullify the federal hemp ban in practice. Rhode Island can now join with other states – including Colorado, Oregon, Maine, Massachusetts, California and Vermont – that have simply ignored federal prohibition and legalized industrial hemp production within their state borders.
While prospective hemp growers would still have to take federal law into consideration, by eliminating the state requirement for federal permission, the Rhode Island law would clear away a major obstacle to widespread commercial hemp farming within the borders of the state.
Farmers in SE Colorado started harvesting the plant in 2013, and farmers in Vermont began harvesting in 2014, effectively nullifying federal restrictions on such agricultural activities. On Feb. 2, 2105, the Oregon hemp industry officially opened for business and one week later, the first license went to a small non-profit group. As more people engage in hemp production and the market grows within these states, more people will become emboldened creating an exponential wave, ultimately nullifying the federal ban in effect.
HUGE MARKET FOR HEMP
According to a 2005 Congressional Research Service report, the U.S. is the only developed nation that hasn’t developed an industrial hemp crop for economic purposes.
Experts suggest that the U.S. market for hemp is around $600 million per year. They count as many as 25,000 uses for industrial hemp, including food, cosmetics, plastics and bio-fuel. The U.S. is currently the world’s #1 importer of hemp fiber for various products, with China and Canada acting as the top two exporters in the world.
During World War II, the United States military relied heavily on hemp products, which resulted in the famous campaign and government-produced film, Hemp for Victory!.
This new law in Rhode Island represents an essential first step toward hemp freedom in the state of Rhode Island.
Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center, where this article first appeared. He proudly resides in the original home of the Principles of ’98 – Kentucky. See his blog archive here and his article archive here. He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE