HONOLULU, Hawaii (Jan. 27, 2016) Bills introduced in the Hawaii legislature would legalize the production and processing of industrial hemp for commercial purposes in the state, setting the foundation to nullify federal prohibition in practice.
A bipartisan coalition of 15 senators introduced Senate Bill 2700 (SB2700) on Jan. 21. The legislation would authorize the growth of industrial hemp as an agricultural product licensed by the department of agriculture and remove all criminal and civil penalties associated with hemp production.
Under the proposed law, “an individual in this state may plant, grow, harvest, possess, process, sell, or buy industrial hemp if the industrial hemp does not contain more than 0.3% tetrahydrocannabinol.” The bill also creates a licensing and regulatory structure for hemp production in Hawaii.
Four Republican legislators introduced a House companion bill (HB1969) on Jan. 25.
The federal government maintains virtual prohibition of hemp production, only allowing research facilities to grow the crop with a federal waiver. Passage of this legislation would nullify the federal ban in practice.
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. SB2700 ignores federal prohibition and authorizes commercial farming and production anyway.
OTHER STATES
By rejecting any need for federal approval, SB2700 would set the stage to nullify the federal hemp ban in practice. Hawaii would join with other states – including Colorado, Oregon, South Carolina, Connecticut, Maine, North Dakota 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 Hawaii legislature 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 of last year, 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!”.
SB700 represents an essential first step toward hemp freedom in the state of Hawaii.
WHAT’S NEXT
SB2700 and HB1969 had not been referred to a committee as of publication of this report. Both bills will have to pass through their committee process before moving on to the full House and Senate for a vote.
If you live in Hawaii: For action steps to help get this bill passed click HERE.
For other states: Take action to push back against hemp prohibition HERE.
