The Hemp Takeover of Colorado

20121108-072616SPRINGFIELD, Colo. — Along the plains of eastern Colorado, on a patch of soil where his father once raised alfalfa, Ryan Loflin is growing a leafy green challenge to the nation’s drug laws.

As part of regulation, Colorado will be able to randomly test hemp crops to ensure that they have only trace amounts of THC, a chemical in marijuana.

His fields are sown with hemp, a tame cousin of marijuana that was once grown openly in the United States but is now outlawed as a controlled substance. Last year, as Colorado voters legalized marijuana for recreational use, they also approved a measure laying a path for farmers like Mr. Loflin, 40, to once again grow and harvest hemp, a potentially lucrative crop that can be processed into goods as diverse as cooking oil, clothing and building material. This spring, he became the first farmer in Colorado to publicly sow his fields with hemp seed.

“I’m not going to hide anymore,” he said one recent morning after striding through a sea of hip-high plants growing fast under the sun.

Mr. Loflin’s 60-acre experiment is one of an estimated two dozen small hemp plantings sprouting in Colorado. Hemp cultivation presents a vexing problem for the federal government, which draws no distinction between hemp and marijuana, as it decides how to respond to a new era of legalized marijuana in Colorado and Washington State.

State agencies have worked quickly to create new rules, licenses and taxes for hemp and recreational marijuana. Many towns have voted to ban the new retailers; others have decided to regulate them. Denver, for example, is proposing a 5 percent tax on recreational marijuana sales.

Colorado has set up an industrial hemp commission to write rules to register hemp farmers and charge them a fee to grow the crop commercially.

“It’s something that can be copied and used nationally,” said Michael Bowman, a farmer in northeastern Colorado who sits on the state hemp commission. “We’re trying to build a legitimate industry.”

The state will also be able to randomly test crops to ensure that they contain no more than 0.3 percent THC, the psychoactive chemical in marijuana, far below the level found in marijuana.

Opponents say that hemp and marijuana are essentially the same plant and that both contain the same psychoactive substance. But supporters say that comparing hemp with potent strains of marijuana is like comparing a nonalcoholic beer with a bottle of vodka.

Still, farmers and marijuana advocates worry: will drug agents stand on the sidelines and allow Colorado and Washington to pursue their own experiments with legalization? Or will the federal government crack down to assert its authority over drug policies?

A spokesman for the Drug Enforcement Administration in Denver said hemp farmers were “not on our radar,” but R. Gil Kerlikowske, director of the Obama administration’s Office of National Drug Control Policy, has offered stern words against both marijuana and hemp, saying that no matter what states did, the plants were still illegal in the federal government’s view.

“Hemp and marijuana are part of the same species of cannabis plant,” Mr. Kerlikowske wrote in response to a 2011 petition that sought to legalize hemp cultivation. “While most of the THC in cannabis plants is concentrated in the marijuana, all parts of the plant, including hemp, can contain THC, a Schedule I controlled substance.”

Lately, hemp has been tiptoeing toward the agricultural mainstream, gaining support from farmers’ trade groups and a wide array of politicians in statehouses and in Washington. In the Republican-controlled House, a provision tucked into the farm bill would let universities in hemp-friendly states grow small plots for research.

A handful of states, from liberal Vermont to conservative North Dakota and Kentucky, have voted to allow commercial hemp. In Vermont, any farmers who want to register as hemp growers under a new state program have to sign a form acknowledging that they risk losing their agricultural subsidies, farm equipment and livelihoods if federal agents decide to swoop in.

Every year, the federal authorities seize and destroy millions of marijuana plants — a crackdown that has rattled the medical marijuana industry in California — but the pace of seizures has dropped sharply in recent years. In 2012, federal officials reported that 3.9 million cannabis plants had been destroyed under D.E.A. eradication efforts. A year earlier, officials said they had eradicated 6.7 million plants.

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(The Hemp Takeover of Colorado / Credit: New York Times)

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