FSP-Microcosm News-Global Community Report: Tenth Amendment Center

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Monday, May 19, 2014

South Carolina passes bill to nullify federal hemp ban

Cultivation of industrial hemp for fiber and for grain in france.

By : Aleks

Wikimedia.org

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Tenth Amendment Center

COLUMBIA, S.C., May 14, 2014 - Today, the South Carolina House gave final approval to a bill which authorizes the growing and production of industrial hemp within the state, effectively nullifying the unconstitutional federal ban on the same.
Introduced by Sen. Kevin Bryant along with cosponsors Sen. Lee Bright and Sen. Tom Davis, S.0839 passed by a 72-28 vote. It has previous passed by a vote of 42-0 in the senate, and will now go to Gov. Nikki Haley’s desk for a signature.
The bill reads, in part, “It is lawful for an individual to cultivate, produce, or otherwise grow industrial hemp in this State to be used for any lawful purpose, including, but not limited to, the manufacture of industrial hemp products, and scientific, agricultural, or other research related to other lawful applications for industrial hemp.”
Three states – Colorado, Oregon and Vermont – have already passed similar measures. Farmers in SE Colorado started harvesting the plant in 2013, effectively nullifying federal restrictions on such agricultural activities. A similar bill passed the Tennessee legislature this year and awaits action from Gov. Haslam.
Experts suggest that the U.S. market for hemp is around $500 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!”

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Tennessee Governor signs bill to effectively nullify federal hemp ban

An outdoor hemp plantation in the UK. This particular varietal of Cannabis sativa is "industrial hemp" which contains ultra-low levels of Delta-THC and other cannabinoids, which makes it useless for recreational/medicinal purposes.
By: Nabokov
Wikipedia.org
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Tenth Amendment Center

NASHVILLE, May 15, 2014 – Yesterday, Tennessee Gov. Bill Haslam signed a bill which some supporters consider the strongest pro-hemp legislation in the country. House Bill 2445 (HB2445), introduced by Rep. Jeremy Faison (R-Cosby), would mandate that the state authorize the growing and production of industrial hemp within Tennessee, effectively nullifying the unconstitutional federal ban on the same.
The bill passed the Senate by a vote of 28-0 and the House by a vote of 88-5. It reads, in part:

“The department shall issue licenses to persons who apply to the department for a license to grow industrial hemp.”

Mike Maharrey, communications director for the Tenth Amendment Center, noted that one word strengthened the bill considerably. “By including the word ‘shall’ in this legislation, it has a great deal of impact,” he said. “This means that rather than keeping it open-ended like other states have done, hemp farming will be able to move forward in Tennessee whether the regulatory bureaucrats there want it to or not.”
‘Shall’ is a legal term which creates a specific requirement far stronger than a word like ‘will.’ The former is more closely interchangeable with the word “must,” while the latter allows leeway for the object of the term to delay. In this case, the bill states that the Tennessee department of agriculture will have a mandate to license farmers for growing hemp.
Three other states – Colorado, Oregon and Vermont – have already passed bills to authorize hemp farming, but only in Colorado has the process begun. A similar bill was passed in South Carolina this week and awaits action by Gov. Nikki Haley.
Farmers in SE Colorado started harvesting the plant in 2013 and the state began issuing licenses on March 1, 2014. In Vermont and Oregon, hemp farming was authorized, but no licensing program was mandated, so implementation has been delayed due to regulatory foot-dragging.
With passage of HB2445, Tennessee will most likely become the 2nd state in the country to actively produce hemp. The legislation also ensures that not only will hemp licenses be issued, but the process for doing so will start quickly. It reads:

The department shall initiate the promulgation of rules … concerning industrial hemp production within one hundred and twenty (120) days of this act becoming law

In other words, now that the bill has become law, the process in Tennessee will start no later than November, 2014.

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