Rep. Tom Trail

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Industrial Hemp Update February 5, 2008

Constituents:
 
Many of your have inquired why I did not bring forth my legislation to encourage the State of Idaho to endorse the legalization of growing industrial hemp.   Industrial hemp was a major crop in colonial times, and for 150 years farmers in the state of Virginia paid taxes with their hemp.  The first American flag was made from industrial hemp as were the first Strauss levis.   In 1847 Brigham Young encouraged Mormon farmers to go forth and grow industrial hemp.  Henry Ford used industrial hemp to make paneling for his Model T Fords and also made biofuel to run test vehicles.  This is an environmental sound crop whose roots grow 12-15 feet deep, has no need for pesticides or fertilizer, and grows so tall that practically no weeds can grow in the field.   In Britain, law enforcement is encouraging the growing of industrial hemp to control marijuana.  The cross pollinization dramatically reduces the quality of marijuana.
 
The U.S. hemp market has experienced study growth since 2000.  Food, body care, paper products, clothing, textiles, cordage and other items are currently widely available in the U. S. marketplace.   The estimated value of hemp products sold in the U.S. in 2007 is $350 million. The U.S. is the only country in the world that prohibits the growing of industrial hemp.  This has a long history going back to 1937 and infamous hemp stamp tax which was promoted by Dupont with Congress to eliminate a competing fiber.  The Drug Enforcement Agency in the late 50's and 60's demonized industrial hemp as the twin evil with marijuana.   The THC content (which gives the kick to smokers) in industrial hemp is so low that you'd have to build a cigar the size of a telephone pole to get a kick.  New French varieties of industrial hemp are THC free,  but DEA still forbids their production in the U.S. Recently scientists have stated that industrial hemp would be a ideal candidate for biomass production of ethanol.
 
Congress has failed to meaningfully act on HR 1009 which would give states the right to regulate hemp farming. But there is a growing opportunity that there will be first ever hearing on hemp this Spring if supported by the new head of the Department of Agriculture, Edwin Schafer, who as the former Governor of North Dakota signed a hemp farming bill in 1999.  With this opportunity, and the support of former presidential candidate Dennis Kucinich who has indicated he would hold hearings, the excitement around the hemp issue could catch fire in 2008.
 
The numerous efforts around the nation in local governments to allow hemp farming also build pressure for action at the federal level.  In Vermont, a landmark hemp farming bill has passed out of Committee and is now in the State House. North Dakota's Ag Commissioner continues to support would be hemp farmers by renewing state hemp farming licenses for 2008.
 
Looking back, there have been dozens of hemp bills that have failed since 2000.  Most notable were California Governor Schwarzennegger's vetos in 06 and 07.  Hemp advocacy is challenged by those at high levels who fear a false and misguided image of non-drug industrial hemp and thus ignore the plant's great virtues.
 
One the legal front, in November, the case of two certified North Dakotan hemp farmers was dismissed in the lower federal court. The case is now being appealed to the U. S. 8th Circuit Court of Appeals.  While appeal in this court is not expected to succeed, based on the court's known political leanings, losing at this level will lead to a rare chance to have the case heard by the U.S. Supreme Court. If heard by the Supreme Court, it would be the first case of its kind.
 
On February 1, 2008 two North Dakota farmers who received the nation's first state licenses to grow industrial hemp have been granted renewals, though forces outside the state will largely decide whether the farmers will ever get a crop in the ground.  David Monson and Wayne Hauge had state licenses in hand last year but never got approval from the federal DEA. This year, they are hoping for a favorable ruling from the 8th U.S. Circuit Court of Appeals, a change of heart by the DEA or action by Congress.  None is likely by the Spring planting season.
 
Representative Tom Trail

 I'd like to hear your comments and recommendations. My e mail is ttrail@house.idaho.gov and my phone is 208-332-1184.
 
Representative Tom Trail

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