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Can CA Farmers Grow Hemp?

By TChris, Section Crime Policy
Posted on Sun Aug 27, 2006 at 11:34:07 PM EST
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by TChris

Another tangle between state autonomy and federal supermacy is in the making, as Gov. Schwarzenegger decides whether to sign a bill authorizing California farmers to grow industrial hemp.

The rapidly growing plant with a seemingly infinite variety of uses is against federal law to grow because of its association with its evil twin, marijuana. ... But California is the first state that would directly challenge the federal ban, arguing that it does not need a D.E.A. permit, echoing the state's longstanding fight with the federal authorities over its legalization of medicinal marijuana.

You'll recall that California came out on the losing end of the medical marijuana argument. Yet the federal interest in uniformity of drug law enforcement is stronger than its interest in preventing farmers from growing a crop that adds nothing to the supply of illicit drugs.

The hemp bill would require farmers who grow it to undergo crop testing to ensure their variety of cannabis is nonhallucinogenic; its authors say it has been carefully worded to avoid conflicting with the federal Controlled Substances Act. ...

"It would take a joint the size of a telephone pole to have an impact," [Nebraska's agricultural commissioner] said.

It makes little sense that hemp can be imported but not grown.

Hundreds of hemp products, including energy bars and cold-pressed hemp oil, are made in California, giving the banned plant a capitalist aura. But manufacturers must import the raw material, mostly from Canada, where hemp cultivation was legalized in 1998.

Oregon succeeded in arguing that the Controlled Substances Act can't be stretched to regulate a local physician's decision to use drugs to assist a suicide as authorized by state law. California may be equally successful in arguing that the Controlled Substances Act shouldn't be stretched to prevent the cultivation of a useful plant that couldn't get a fly high.

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    Can CA Farmers Grow Hemp? | 16 comments (16 topical)
    Re: Can CA Farmers Grow Hemp? (none / 0) (#1)
    by Johnny on Sun Aug 27, 2006 at 11:19:44 PM EST
    Again, I ask... "Can someone please demonstrate to me the actual harm related to the use of pot?" That being posited... The war on hemp is only slightly less absurd than the war on mary-jane. Seriously. Are there any people who actually support the ban on hemp? For real? If so, please, please, please... Explain to me the evils of said product.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#2)
    by Che's Lounge on Sun Aug 27, 2006 at 11:24:09 PM EST
    It saves the environment. Let's evolve people. Link Link

    Re: Can CA Farmers Grow Hemp? (none / 0) (#3)
    by Jlvngstn on Mon Aug 28, 2006 at 05:53:08 AM EST
    I would imagine the risk of growing hemp would allow some people to mix in maryjane in their crops. Patrick????

    Re: Can CA Farmers Grow Hemp? (none / 0) (#4)
    by Patrick on Mon Aug 28, 2006 at 07:19:42 AM EST
    JL, Can't say for sure, if there were male plants in the hemp crop they would pollinate the female MJ plants...Of course a wiley grower could use all female hemp plants thereby reducing the risk.....But at what cost? I don't know for sure. I don't know enough about the legislation to decide whether I'm for or against it. I do know there's no way to legitimately "crop test" the potential amounts that will be grown, or if growing it should necessarily remove someone's rights against search and seizure re the testing....So there's potentially lots of good debate on this one. My gut feeling is it won't pass.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#5)
    by Patrick on Mon Aug 28, 2006 at 07:21:06 AM EST
    I should say the Gov won't sign it....He could just let it sit on his desk...

    Re: Can CA Farmers Grow Hemp? (none / 0) (#6)
    by Jlvngstn on Mon Aug 28, 2006 at 07:48:45 AM EST
    thanks P.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#8)
    by Repack Rider on Mon Aug 28, 2006 at 08:34:52 AM EST
    I live in California, and I know a lot of people who are now growing weed openly, despite the federal interference with state's rights. I sat on a deck yesterday with a friend as we prepared for a mountain bike ride, surrounded by six-foot plants that anyone could see from the hillside behind his apartment. The guy in the apartment below had even bigger plants. They can't possibly bust everyone.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#9)
    by scarshapedstar on Mon Aug 28, 2006 at 09:58:42 AM EST
    Reefer madness is very real, it's just that the movie got it backwards. It's an irrational, all-consuming paranoia and a compulsive, inexplicable need to destroy anything resembling a hemp plant. It's suffered by the people who never touch the stuff; that's the odd part.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#10)
    by kdog on Mon Aug 28, 2006 at 01:08:40 PM EST
    What a switch from the WWII era...when the govt. was begging people to grow hemp for the war effort. It's a great crop with a million uses and should be legalized post-haste...but I won't hold my breath.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#11)
    by Talkleft Visitor on Mon Aug 28, 2006 at 01:27:22 PM EST
    Big breaths said the doctor. Yeth and I'm only thixteen she replied. Cusading cops talk sence.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#12)
    by Talkleft Visitor on Mon Aug 28, 2006 at 01:37:38 PM EST
    Sense. I must stop holding my breath.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#13)
    by Patrick on Mon Aug 28, 2006 at 03:40:54 PM EST
    This is part of the reason there will never be enough time to "crop test" hemp growers. I suspect it would be better put to use if farmers had to go through a permit process based on acreage with defined parcels....ie you can grow 1000 acres or 10,000 acres here based on your permit. That would make them more accountable if they chose to try to cultivate marijuana interlaced with the hemp.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#14)
    by Edger on Mon Aug 28, 2006 at 03:53:04 PM EST
    Patrick - The real reason is more likely this. Plain old fear.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#15)
    by Talkleft Visitor on Mon Aug 28, 2006 at 05:20:01 PM EST
    Prohibition is a mental illness caused by endocannabinoid deficiency. I'm serious. Cannabinoids are part of our biology and when they are lowered by a diet low in Omega-3 fatty acids people become more inflexible.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#16)
    by Talkleft Visitor on Tue Aug 29, 2006 at 06:07:48 AM EST
    Prohibition is a form of governmental slavery.

    Re: Can CA Farmers Grow Hemp? (none / 0) (#17)
    by Talkleft Visitor on Wed Sep 20, 2006 at 06:57:30 PM EST
    Actually every serious Ag Economist who has looked at this issue has concluded that cultivation of hemp is not economically viable. The reason? China so heavily subsidizes their hemp that US Ag cannot compete for market share from hemp manufacturers. What this bill will do is make law enforcement marijuana suppression efforts a lot harder since hemp and marijuana look exactly alike. This is a dumb bill.

    Can CA Farmers Grow Hemp? | 16 comments (16 topical)