Hemp Farming Rules Confusing For Growers

Jacob Redmond

Well-Known Member
The Tennessee Department of Agriculture (TDA) is accepting licensing applications to grow a controversial crop that has local farmers perplexed, to say the least.

As part of a federal push to stimulate development in the U.S., the Tennessee General Assembly recently took steps to legalize the production of industrial hemp, a form of Cannabis sativa, which happens to be the same plant species as marijuana.

Since the plant is still illegal in Tennessee, according to UT Agricultural Extension agent Ed Burns, the General Assembly enacted Public Chapter 916 to remove industrial hemp from the definition of marijuana in the criminal code.

Industrial hemp, Burns said, is genetically different from marijuana Cannabis in that hemp plants are lower in delta-9 tetrahydrocannabinol, or THC, known as marijuana's primary psychoactive chemical.

While THC levels for hemp are generally less than 1 percent, according to Burns's research, THC levels for marijuana average about 10 percent or more.

Based on the federal legislation's ceiling of 0.3 percent THC for Cannabis to be identified as hemp, state law now allows local farmers and research institutions to legally participate in the movement to start growing and developing this versatile agricultural product.

Why anyone locally would want to, Burns said, is a question he can't answer.

"There's a lot of confusion about it right now," Burns said. "For starters, I had to go to six different links on the TDA website to find all the information that any interested farmer would need if they wanted to apply.

"Secondly, there is no market in Tennessee for industrial hemp, because there are currently no production facilities here. And even if another state has a facility, you can't transport it across state lines anyway.

"The license fee is $250 plus $2 per acre, plus $35 per hour including drive time for an inspector to come test it for THC content.

"I'm not sure where you'd even find an inspector for this kind of thing, but if any of your crop exceeds the 0.3 percent THC level, it all has to be destroyed. "

TDA's deputy director of public affairs Corinne Gould said her department is ready to provide the inspectors once the licensee furnishes the GPS coordinates of his or her crop.

"The TDA will inspect it and yes, it is $35 per hour including drive time to have it tested, according to the legislation," Gould said. "All we're waiting for now is the final DEA approval to import the seeds from Canada.

"And yes, it's illegal to transport hemp across state lines without approval and there are no processing facilities in Tennessee right now, but hopefully the processing and manufacturing will start to develop."

Gould said Kentucky has already started the same process, and she looks forward to seeing what happens in their state as well.

"In fact there is already a co-op of farmers in west Tennessee that have applied with a plan to manufacture it for (hemp) oil," she said, "so we're looking forward to seeing what comes of that, too."

Burns said the global market for hemp is estimated to include more than 25,000 products, such as fabrics, textiles, spun fibers, paper, carpeting, paper, home furnishings, insulation materials, industrial oils, pharmaceuticals and more.

An estimated 55,700 metric tons of industrial hemp are produced globally each year, with China, Russia and South Korea as the leading hemp-producing nations.

"U.S. retail sales of hemp-based products are estimated at more than $300 million per year," he said.

Canada had 38,828 licensed acres of industrial hemp in 2011, and Canadian exports of hemp seed and hemp products were estimated at more than $10 million, with most going to the U.S.

Because there is no domestic industrial hemp production, however, the U.S. market is largely dependent on imports of hemp-containing products and supplies.

While more than 30 nations grow industrial hemp as an agricultural commodity, the United States is the only industrialized nation that does not allow its industrial production.

Nonetheless, Burns said the TDA website states that developing a market is a matter of supply and demand and will require "substantial private investment over time."

Furthermore, while there seems to be many "experts" on how to grow hemp for illegal purposes, Burns said there is not much information available on how to legally grow and harvest industrial hemp in Tennessee.

"Canada has been researching industrial hemp cultivation since the early 1990s," he said, "so research institutions there are most likely the best source for up-to-date information."

While seed must be obtained through the TDA, Burns also said the application has no list of seed varieties or advice on seeding rates.

"And if you're looking for an organic crop," Burns said, "this would be it, since there are no pesticides registered for the production of hemp, even though it does have its share of pests.

"So if you use any kind of pesticide on it, you're breaking the law."

Finally, Burns said, the TDA cautions that federal farm programs such as crop insurance, farm loans and conservation reserve may be jeopardized if industrial hemp is planted.

"It says to contact a lawyer for legal advice," Burns said.

With this many obstacles involved, Burns said he does not expect much interest from local farmers.

"I would think the University of Tennessee and other research institutions will likely be the primary applicants," he said, "but in the meantime, interested parties are still encouraged to apply."

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