The Industrial Hemp Farming Act of 2009 (), introduced during the
111th United States Congress
The 111th United States Congress was a meeting of the legislative branch of the United States federal government from January 3, 2009, until January 3, 2011. It began during the last weeks of the George W. Bush administration, with th ...
by
House
Republican
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
Ron Paul of
Texas
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
) and
House Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
Barney Frank
Barnett Frank (born March 31, 1940) is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committ ...
of
Massachusetts
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
) on April 2, 2009, sought to clarify the differences between
marijuana and industrial
hemp as well as repeal federal laws that prohibit cultivation of industrial, but only for research facilities of higher education from conducting research. Industrial hemp is the non-
psychoactive, low-
THC
Tetrahydrocannabinol (THC) is the principal psychoactive constituent of cannabis and one of at least 113 total cannabinoids identified on the plant. Although the chemical formula for THC (C21H30O2) describes multiple isomers, the term ''THC' ...
, oil-seed and fibers varieties of, predominantly, the
cannabis sativa
''Cannabis sativa'' is an annual herbaceous flowering plant indigenous to Eastern Asia, but now of cosmopolitan distribution due to widespread cultivation. It has been cultivated throughout recorded history, used as a source of industrial fibe ...
plant. Hemp is a sustainable resource that can be used to create thousands of different products including fuel, fabrics, paper, household products, and food and has been used for hundreds of centuries by civilizations around the world. If H.R.1866 passes American farmers will be permitted to compete in global hemp markets. On March 10, 2009, both Paul and Frank wrote a letter to their Congressional colleagues urging them to support the legislation. This bill was previously introduced in 2005 under the title of
Industrial Hemp Farming Act of 2005.
The bill
To amend the
Controlled Substances Act to exclude industrial hemp from the definition of marijuana, and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Industrial Hemp Farming Act of 2009'.
SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIJUANA.
Paragraph (16) of section 102 of the Controlled Substances Act (21 U.S.C. 802(16)) is amended--
(1) by striking `(16)' at the beginning and inserting `(16)(A)'; and
(2) by adding at the end the following new subparagraph:
`(B) The term `marihuana' does not include industrial hemp. As used in the preceding sentence, the term `
industrial hemp
Hemp, or industrial hemp, is a botanical class of ''Cannabis sativa'' cultivars grown specifically for industrial or medicinal use. It can be used to make a wide range of products. Along with bamboo, hemp is among the fastest growing plants o ...
' means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.'.
SEC. 3. INDUSTRIAL HEMP DETERMINATION TO BE MADE BY STATES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following new subsection:
`(i) Industrial Hemp Determination To Be Made by States- In any criminal action, civil action, or administrative proceeding, a State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.'
History
The
Marihuana Tax Act of 1937
The Marihuana Tax Act of 1937, , was a United States Act that placed a tax on the sale of cannabis. The H.R. 6385 act was drafted by Harry Anslinger and introduced by Rep. Robert L. Doughton of North Carolina, on April 14, 1937. The Seventy-fift ...
is the beginning of constriction for the growth of marijuana in the United States. An extremely high tax was placed on marijuana; making it nearly impossible to grow industrial hemp. However, congress expected the production of industrial hemp to continue, but the
Federal Bureau of Narcotics
The Federal Bureau of Narcotics (FBN) was an agency of the United States Department of the Treasury, established in the Department of the Treasury by an act of June 14, 1930, consolidating the functions of the Federal Narcotics Control Board a ...
lumped industrial hemp with marijuana and its successor, the
US Drug Enforcement Administration
The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic enf ...
, continued.
Industrial hemp is now legal in the U.S., which advocates hope could eventually loosen laws around the popular marijuana extract CBD.
President Donald Trump signed the
2018 United States farm bill
The 2018 farm bill or Agriculture Improvement Act of 2018 is an enacted United States farm bill that reauthorized $867 billion for many expenditures approved in the prior farm bill (the Agricultural Act of 2014). The bill was passed by the Senat ...
on December 20, 2018, which legalized hemp — a variety of cannabis that does not produce the psychoactive component of marijuana — paving the way to legitimacy for an agricultural sector that has been operating on the fringe of the law. Industrial hemp has a potential multibillion-dollar market for cannabidiol, or CBD, a non-psychoactive compound that has started to turn up in beverages, health products and pet snacks, among other products.
United States companies and industries which sell products made with hemp include Dr. Bronner's Magic Soaps, most of the bird seed sold in the U.S., and even the automobile companies
Ford
Ford commonly refers to:
* Ford Motor Company, an automobile manufacturer founded by Henry Ford
* Ford (crossing), a shallow crossing on a river
Ford may also refer to:
Ford Motor Company
* Henry Ford, founder of the Ford Motor Company
* Ford F ...
and
BMW, historically and currently, experimented with hemp materials in their vehicles. Hemp food manufacturers such as French Meadow Bakery, Hempzels, Living Harvest, Nature's Path and Nutiva now make their products from Canadian hemp. These industries will no longer have to import hemp from other countries to produce these products.
National drug control policies opposed this legislation as it was believed that hemp plants could provide cover during cultivation for marijuana plants.
Ruling of proposed bill
This legislation, the
Industrial Hemp Farming Act of 2005 and the Industrial Hemp Farming Act of 2007, were introduced, referred to committee, and no additional legislative action taken.
Etymology
Currently, the word "marijuana" is the accepted spelling. However, "marihuana" was the correct spelling and most commonly used form in early
Federal Government of the United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fe ...
documents. That is why, as stated in the
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
, marijuana is spelled "marihuana;" to maintain consistency across government documents.
See also
*
Cannabis in the United States
The use, sale, and possession of cannabis over 0.3% THC in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act ...
*
Legal history of cannabis in the United States
In the United States, increased restrictions and labeling of cannabis (legal term ''marijuana'' or ''marihuana'') as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regu ...
*''
Gonzales v. Raich''
*
Medical marijuana
Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...
*
States' rights
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the ...
References
Further reading
*
External links
H.R. 1866{Dead link, date=March 2023 , bot=InternetArchiveBot , fix-attempted=yes at
THOMAS
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People
* List of people with given name Thomas
* Thomas (name)
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* Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church
* Thomas the A ...
H.R. 1866: Industrial Hemp Farming Act of 2009at
GovTrackH.R.1866 - Industrial Hemp Farming Act of 2009at
OpenCongress
Proposed legislation of the 111th United States Congress
Cannabis law reform in the United States
Hemp agriculture in the United States
Drug control law in the United States
2009 in cannabis