Hemp Farmers Protection Act Proposal: Comprehensive Legal Framework

Prepared & written by:

Rhiannon Dee Yard, MBA
Founder & CEO, Green Gaia Innovations, LLC, DBA: Hemp Gaia

Introduction

  • Purpose: The Hemp Farmers Protection Act is aimed at creating a legal framework that shields hemp farmers from disproportionate penalties when their crops exceed the 0.3% THC Delta-9 threshold. The Act proposes a new classification system for hemp based on THC content, allowing for flexibility and legal protection for farmers while promoting the responsible cultivation and commercialization of hemp products.
  • Rationale: Hemp and cannabis are botanically identical, with legal distinctions drawn based on THC concentration. The current federal standard of 0.3% THC Delta-9 set by the 2018 Farm Bill has placed undue stress on farmers, whose crops may naturally surpass this threshold due to environmental or genetic factors. This act seeks to provide a solution by reclassifying hemp into different divisions and offering remediation pathways, thereby protecting farmers and supporting the broader goal of cannabis legalization.
  1. Reclassification and Definitions
  • Hemp: As defined by the 2018 Farm Bill, hemp is the plant Cannabis sativa L., including any part of the plant, with a Delta-9 THC concentration of no more than 0.3% on a dry weight basis.
  • Hot Hemp: Refers to hemp crops that exceed the 0.3% THC threshold due to natural factors but remain within a defined reclassification range.
  • Hemp Classification System:
    • Class I Hemp: Hemp with a THC concentration of 0.3% or less, compliant with federal standards.
    • Class II Hemp: Hemp with a THC concentration between 0.3% and 1%, subject to alternative processing or remediation.
    • Class III Hemp (Cannabis): Hemp or cannabis with a THC concentration above 1%, regulated under state cannabis laws with provisions for transfer to cannabis markets.
  1. Regulatory Framework
  • Legal Protections for Farmers:
    • Establish protections against criminal or civil penalties for farmers growing hot hemp. If crops exceed the 0.3% threshold but remain under 1% THC, they should be reclassified rather than destroyed.
  • Tolerance Levels:
    • Introduce tolerance levels for THC variance, recognizing environmental factors like weather, soil composition, and plant genetics that can influence THC content.
  • Remediation and Compliance:
    • Allow farmers to reprocess or remediate Class II hemp to bring THC levels within legal limits.
    • Implement pathways for transferring Class II hemp to cannabis markets if levels exceed the limit, ensuring that crops are utilized and farmers are not financially penalized.
  1. Legal and Policy Changes
  • Amendments to the 2018 Farm Bill:
    • Propose amendments to include a classification system that acknowledges the natural variance in THC levels and offers protections for farmers growing hot hemp.
  • State-Level Adoption:
    • Encourage states to adopt similar classification systems and provide legal protections to farmers, creating a consistent legal environment nationwide.
  • Elimination of Criminal Penalties:
    • Farmers producing Class II hemp should not face criminal charges or civil penalties. Instead, a system of remediation, reclassification, or transfer to cannabis markets should be implemented.
  • Support Mechanisms:
    • Offer financial support, crop insurance, and subsidies for farmers affected by hot hemp, ensuring they have resources to comply with new regulations without financial detriment.
  1. Testing and Reporting Requirements
  • Third-Party Laboratory Testing:
    • Mandate third-party testing for hemp crops to determine THC levels, with transparency and the right to appeal or retest if discrepancies are found.
  • Full Panel Testing:
    • Require comprehensive testing for THC, pesticides, microbial contaminants, and heavy metals to ensure consumer safety and product integrity.
  • Reporting and Transparency:
    • Create standardized reporting procedures to ensure that all crops are tested and results are transparent. Farmers should have a buffer period to remediate or reclassify crops that exceed THC limits.
  1. Industry Impact and Economic Growth
  • Bridging Hemp and Cannabis:
    • The Act recognizes the similarities between hemp and cannabis and encourages a unified regulatory approach. Class III hemp, or cannabis, should be regulated similarly to cannabis products under state laws.
  • Research and Development:
    • Invest in research to understand the factors that influence THC levels in hemp, and continuously adjust regulatory standards to reflect scientific understanding.
  • Market Opportunities:
    • Allow hot hemp (Class II) to be redirected into legal cannabis markets, fostering economic growth and reducing crop waste. Encourage the development of cannabis byproducts from reclassified hemp, such as CBD extracts or other cannabinoids.
  1. Risk Management and Compliance
  • Risk Mitigation for Farmers:
    • Develop comprehensive risk management strategies, including crop insurance tailored to hot hemp scenarios, legal assistance for compliance issues, and education on best cultivation practices.
  • Periodic Review and Adjustment:
    • Implement a system for periodic review of THC thresholds and remediation protocols to adapt to evolving scientific data and market conditions.
  • Economic Support for Transition:
    • Provide financial assistance to farmers transitioning from hemp to cannabis production if their crops consistently exceed the 1% THC threshold. This support could include grants, loans, and access to state cannabis licenses.
  1. Implementation and Call to Action
  • Legislative Advocacy:
    • Mobilize support among lawmakers, agricultural associations, and hemp industry stakeholders to introduce and pass the Hemp Farmers Protection Act.
  • Education and Outreach:
    • Educate farmers, lawmakers, and the public on the necessity of reclassifying hemp and protecting farmers from the financial consequences of hot hemp.
  • Long-Term Vision:
    • Position the Act as a stepping stone toward broader cannabis legalization, reducing the stigma around THC and promoting a more science-based approach to cannabis regulation.

Conclusion

The Hemp Farmers Protection Act represents a critical evolution in hemp regulation, addressing the realities of cultivation and offering fair, scientifically informed protections to farmers. By adopting this Act, lawmakers can ensure that the hemp industry thrives while setting the stage for the eventual harmonization of hemp and cannabis regulations.

This document outlines the key elements of the Hemp Farmers Protection Act, providing a robust foundation for the legal protection of hemp farmers and the reclassification of hemp based on THC content.

 © 2024 Rhiannon Yard. All rights reserved.

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