 NAIHC - North American Industrial Hemp Council A Renewable Industrial Fiber & Oil Crop California Industrial Hemp Farming Act |
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California
is one of 26 states which have introduced hemp legislation. After
committee
hearings held April 27, 2005, it could become the 15th state
to pass
such legislation. This includes five states which have legalized
industrial
hemp. The proposed California legisltion, AB 1147, now before the
California Assembly
Agriculture
Committee would authorize hemp farming under
state
license.
For a current list of state
legislation related to industrial hemp, Click Here. Testimony to the committee included: #1. Attorney Patrick D. Goggin led the successful legal fight against the federal DEA’s proposed rules that would have essentially banned the human consumption of hemp foods and use of hemp body care products. In that case, the Ninth Circuit Court of Appeals agreed with the Hemp Industries Association that the Controlled Substances Act exempted fiber, seed and oil from the definition of “marihuana” and, therefore, invalidated DEA’s proposed rules. In his testimony, Goggin noted that “While this ruling protects our ability to consume hemp products, U.S. farmers are still barred from growing the crop unlike their counterparts in Canada and some thirty (30) other industrialized nations, including those in the European Union.” Read Attorney Goggin’s remarks. #2. In his testimony Environmental Scientist and Engineer Dr. Gero Leson discussed the environmental benefits of growing hemp and pointed out that after up to ten years of hemp farming experience in many European countries and in Canada, “Because of its low THC content and its otherwise unfavorable cannabinoid composition, industrial hemp is not useful as a marijuana substitute.” He explained that “governments there are apparently satisfied that these basic [growth] characteristics of the plant and the regulatory controls in place (limited THC content in commercial hemp, requiring minimal plot sizes, sometimes selection of remote locations) have prevented the large-scale intentional camouflaging of marijuana plants by industrial hemp. While there are still reports of occasional thefts of plants from hemp fields, the material has no drug value and attempts to sell it as contraband are short lived.” Read Dr. Leson’s remarks. #3. David Bronner, President, Dr. Bronner’s Magic Soaps, outlined the nutritional, cosmetic and economic benefits offered by hemp oil, hemp seed and hemp fiber. He concluded that “We would like to be buying our hemp nut and oil from US farmers, not only because of the cost savings, but also because we support sustainable profitable crops for U.S. farmers. Thus, we urge the Assembly Agriculture Committee as well as all California legislators and Governor Swarzenegger to enact the California Industrial Hemp Farming Act of 2005.” Read Dr. Bronner’s remarks. #4. Vanessa Bogenholm, owner of VB Farms and Chair of the Board, California Certified Organic Farmers, stressed the value hemp could have as a rotation alternative for farmers. “Industrial Hemp would be a cover crop an organic farmer could grow and receive income for while enriching his soil,” she explained, adding that “I find it ridiculous that growers from Canada get to profit from the growing of hemp, as does the trucking industry to bring it down to California for processing.” Read Vanessa Bogenholm’s remarks. Return to Top of Page ------------------ #1. Attorney Patrick D. Goggin Testimony
of Patrick
D. Goggin, Esq. Good afternoon Chairwoman and members of the Committee. On behalf of Vote Hemp, I thank the Committee for the opportunity to testify in support of this important legislation. Vote Hemp is a non-profit organization based in the Washington, D.C. area that advocates for the acceptance of and free market for industrial hemp. I will speak briefly about recent legal developments regarding industrial hemp and how growing the crop under AB 1147 would nullify the Drug Enforcement Administration’s continued assertion of jurisdiction of hemp under the Controlled Substances Act. During the past several years, I was fortunate enough to serve as local counsel in San Francisco for the Hemp Industries Association in its legal battle against the DEA. In that case, we filed a challenge to the DEA’s proposed rules that would have essentially banned the human consumption of hemp foods and use of hemp body care products. The Ninth Circuit Court of Appeals agreed with the Hemp Industries Association that the Controlled Substances Act exempted fiber, seed and oil from the definition of “marihuana” and, therefore, invalidated DEA’s proposed rules. It is well established that the exempted parts of the plant contain only trace miniscule amounts of naturally occurring THC with no potential ill health effects or psychoactive effects. While this ruling protects our ability to consume hemp products, U.S. farmers are still barred from growing the crop unlike their counterparts in Canada and some thirty (30) other industrialized nations, including those in the European Union. AB 1147 includes similar language to legislation that was recently signed by the governor of North Dakota, House Bill 1492, and introduced in the Oregon legislature, Senate Bill 294. Essentially, each of these pieces of legislation include provisions establishing state regulated controls whereby the only parts of the plant that enter commerce are those exempted from the definition of “marihuana” by the Ninth Circuit in the HIA v. DEA case, these principally being fiber, seed and oil. Accordingly, the Controlled Substances Act is not implicated when a farmer plants hemp under the statute and the DEA asserting jurisdiction there under is "as applied" unconstitutional pursuant to the Commerce Clause. Therefore, the proposed legislation will hold up to any DEA challenges and allow California to self regulate hemp. I am pleased to answer any legally related questions the committee might have and, otherwise, urge you to vote in favor of this bill. Thank you. Return to Top of Page #2.
Environmental Scientist and Engineer Dr. Gero Leson Comments on Assembly Bill 1147My name Gero Leson. With a masters degree in physics and a doctorate in Environmental Science and Engineering I have 20 years of professional experience as environmental scientist and consultant, primarily to U.S. industry. Since 1994 I have also worked on the technical and food uses of fiber crops, such as flax and hemp. Through cooperation with relevant processors of hemp in Germany and Canada I am familiar with farming and processing practices, opportunities and problems. Since 1999 I have, with financial support by the Canadian government and hemp industry members, also coordinated collaborative R&D projects on hemp foods and serve now as the formal scientific advisor to the Canadian Hemp Trade Alliance, an industry association representing, farmers, processors, food manufacturers and distributors government officials and researchers. I am submitting the following comments at the request of Vote Hemp and the Hemp Industries Association. Hemp and Marijuana: Regulations and law enforcement concerns While industrial hemp and marijuana belong to the same plant species (Cannabis sativa) they differ distinctly regarding the content of THC, the main psychoactive ingredient in cannabis, and other cannabinoids in the flowers and leaves of the plant. Marijuana typically contains 3-15% THC, whereas industrial hemp varieties commercially grown in Canada and the European Union must be bred to contain less than 0.3 and 0.2 percent of THC, respectively. Because of its low THC content and its otherwise unfavorable cannabinoid composition, industrial hemp is not useful as a marijuana substitute. Because the habitus of hemp plants depends as much on growing conditions (plant density and competition) as on variety, telling apart marijuana and industrial hemp plants is not a trivial task. However, since marijuana varieties flower and mature later than fiber and seed varieties they will be overtaken and shaded out in a regular field or become obvious through the need for a plant-free zone surrounding them. Furthermore, since commercial marijuana in the U.S. is grown virtually exclusively as sensimilla, male pollen released in a hemp field would automatically pollinate marijuana plants, cause the formation of seeds and make them unattractive as commercial drug crop. With up to 10 years of hemp farming experience in many European countries and in Canada, governments there are apparently satisfied that these basic characteristics of the plant and the regulatory controls in place (limited THC content in commercial hemp, requiring minimal plot sizes, sometimes selection of remote locations) have prevented the large-scale intentional camouflaging of marijuana plants by industrial hemp field. While there are still reports of occasional thefts of plants from hemp fields, the material has no drug value and attempts to sell it as contraband are short lived. Agricultural practicesHemp stalk and seed yield depend both on variety and soil/climatic conditions. Generally, hemp prefers well-drained fertile soil. To achieve optimum stalk yields, significant amounts of N, P and K must be applied in mineral or organic form. Seed yields are apparently less sensitive to nutrient supplies. Depending on variety, growing and harvesting conditions, dual-purpose crops yield 2.5-4 tons/acre of dry stalks. Canadian and European growers report typical seed yields (dry and clean) of 500-700 lbs/acre, although yields of more than 1200 lbs/acre have been achieved under favorable conditions. Insufficient information is available on the yields from a dual-purpose hemp crop grown under irrigation and climate conditions similar to those in Central and Southern California. However, limited observations suggest that yields under irrigation and at high temperatures will be significantly higher than those mentioned above. Typical seeding rates for hemp grown as dual-purpose crops for seed and fiber are 16-25 lbs/acre. Hemp can be grown repeatedly in the same location. Most commonly hemp is grown in a rotation starting with a legume, followed by hemp, which suppresses weed growth. This allows the subsequent cereal crop to be grown without or with limited herbicide use. Farming on the currently small hemp plots does generally not require the use of pesticides, although occasional infestations e.g., with cut worms have been observed and, when not treated, caused significant reduction in yield. In some areas, conventional farmers must use slug protection. Sufficient rain during plant emergence and initial growth in spring is crucial to plant yield. Depending on location, total irrigation needs are 20-30 inches. While hemp can survive extended periods without irrigation, yields are minimal and the crop will be taken over by weeds. Hemp cultivation typically involves plowing/grubbering, sowing and optional rolling. Conventional farmers may fertilize once during growing season. If grown for fiber and seed, the seed is harvested in August/September with a combine, followed by a double knife for the stalks. In Germany, a single-pass harvester separates seeds while chopping stalks into 60 cm long pieces for easier fiber separation. Seeds must be readily dried to 5-8% moisture content at temperatures not to exceed 105 F. If sufficient fiber has been produced and harvested, it is left in the fields to ret and dry. Depending on weather conditions, the stalks must be turned once or twice before baling into round or large square bales. Because a closed hemp canopy effectively suppresses weed growth and because to date pests have only in a few cases threatened crop loss, the minimization of agrochemicals during cultivation of hemp and possibly its successor crops is a major environmental benefit. There are anecdotal reports of other benefits, such as the loosening of the soil by hemp roots, thus reducing the need for soil preparation prior to the next crops. Yet, these reports require confirmation. PhytoremediationControlled studies have shown that hemp plants effectively extract several toxic metals, such as lead and cadmium, from polluted soils. Apparently, most metals accumulate in the roots and leaves. These findings indicate that hemp may be used in the phytoremediation of soils contaminated by heavy metals. Whether hemp is sufficiently salt tolerant to be grown on soils with high salinity, such as found in parts of the Central and Imperial Valleys and concurrently absorb the selenium present is not known and will require field trials. Return to Top of Page #3. David Bronner, President, Dr. Bronner’s Magic Soaps Formal Written Comments re: AB 1147 “California Industrial Hemp Farming Act” to the Assembly Agriculture Committee 4/27/05 @ 1:30 pm in Room 444 in the Capitol I'm President of Dr. Bronner's Magic Soaps and a board member of the Hemp Industries Association. Our company was founded by my grandfather Dr. Emmanuel Bronner in 1948, a third-generation German Jewish soap-maker. Over time, our liquid and bar soaps have grown to become the #1 brand by $ sales in the natural channel (Whole Foods, Wild Oats, Trader Joe's, etc.). In the mass market channel our liquid soap is ranked 13th according to the latest NielsenTrack information. Our company philosophy emphasizes sustainable production methods and materials: we use 100% post-consumer recycled bottles for our liquid soaps and a 10% hemp / 90% Post Consumer Waster paper for our bar soap wrappers. We are sourcing all of our oils from certified organic sources. After extensive customer trials, in 1999 we began to superfat our soaps with hemp oil for the smoother lather and less drying afterfeel that the hemp oil imparted to the soap, due to the excellent Essential Fatty Acid content. At that time, our sales at retail were just under $10 million; in 2004 they were over $20 million. We also launched last year a nutrition bar, Alpsanck, based on certified organic almonds, hemp nuts and fruits, and sales are growing rapidly due to the well-established omega-3 market. Hemp seed contains the highest proportion of Essential Fatty Acids of any commodity seed in nature, with an ideal balance of omega 3 and 6 fatty acids. The omega 3's in particular are the "good fats" that are chronically deficient in the American diet which doctors traditionally recommend eating certain types of fish to obtain. But increasing concerns about mercury and other contaminants in fish and fish oil supplements are driving people to look for alternative sources. Hemp is one of the few alternative significant sources of omega-3 in nature, and with a pleasant nutty flavor. In 2004, based on interviews with various companies as well as marketplace data, we estimate that hemp food products at retail are about $10 million and body care about $50 million in the US. Hemp food sales grew at 66% in 2004 according to a marketing analysis of the larger stores in the natural channel (which account for about $4 million in sales of hemp foods alone). Hemp fiber has many applications, including clothing and paper, but one of the most exciting growth markets is the use of hemp fiber as a replacement to fiber glass in pressure molded composites, used extensively in the automobile industry for interior body panels. Already over 1.5 million cars and trucks on US roads today have hemp fiber composites. Industrial hemp is thriving globally, fed by European, Asian and Canadian farmers while American farmers are being shut out. Hemp as a crop requires minimal pesticide and herbicide inputs, and is an excellent rotation crop with cotton or soybeans. Canada anticipates planting well over 10,000 acres of hemp this year to feed the US hemp seed and oil market, much of which is certified organic. The California Certified Organic Farmers (CCOF) is a strong supporter of the CA Hemp Farming Act, and reports that currently about 24,000 acres in California are cultivated organically. Industrial hemp can significantly increase organic farming in California. Our company anticipates buying well over $200,000 worth of hemp nut and oil in 2005 for our soaps and Alpsnack product, and growing at least 20% annually thereafter. We would like to be buying our hemp nut and oil from US farmers, not only because of the cost savings, but also because we support sustainable profitable crops for US farmers. Thus, we urge the Assembly Agriculture Committee as well as all California legislators and Governor Swarzenegger to enact the California Industrial Hemp Farming Act of 2005.
Best regards,
I want to thank you for giving me the time as a grower and a representative of the organic industry, to present to you why I hope you will consider voting yes on AB 1147, the bill which would allow California farmers to grow industrial Hemp. I am Vanessa Bogenholm, owner of a certified organic strawberry, raspberry and vegetable farm. I also am honored to sit as the Chairperson of the board of California Certified Organic Farmers representing over 1400 certified organic producers. Organic farming is very different from conventional farming. It is based on crop rotation, which means the same crop cannot be grown continuously in the same field year after year. This box of strawberries I have brought for you today was grown in a field that has not had strawberries for 3 years. Organic farmers rotate their crops to build up the fertility of the soil and limit disease pressure. This rotation can also aid in weed control, one of the largest expenses for organic farmers. Three-year crop rotations are common for many crops such as berries, carrots, and cole crops. In that 3-year crop rotation, many farmers plant what is called a cover crop, which is a crop grown to protect and enrich the soil. This crop can be a 45-day barley crop, a 65-day Sudan crop, or other legume mix grown any time of year. This crop costs money to plant, water and cultivate and does not produce any income for the farmer. Especially in my area, the Watsonville/ Salinas area, where farm land value is $40,000 an acre and land rent $2000 per year, the cover crops will cost over $1500 an acre to grow. The farmers spend this money because the cover crop is vital to the soil health. Industrial Hemp would be a cover crop an organic farmer could grow and receive income for while enriching his soil. The most important consideration for a farmer before he plants is “Is there a market for my crop?” The hemp market has grown substantially to the point that food products can be now found in mainstream grocery stores and not just “ health stores.” I find it ridiculous that growers from Canada get to profit from the growing of hemp, as does the trucking industry to bring it down to California for processing. Please give California growers this opportunity to expand their financial abilities by farming industrial hemp for food and fiber. Thank you,Vanessa Bogenholm Owner VB Farms Chair of the Board, California Certified Organic Farmers |
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