ILNews

Hemp's growing pains in Indiana

Back to TopCommentsE-mailPrintBookmark and Share

Industrial hemp was legalized in Indiana when Gov. Mike Pence signed a bill into law this year, but you still can’t grow the crop in the Hoosier State.

Legal in Canada, Europe, China and elsewhere, hemp’s resurgence is evidenced by commercial products from food to fuel to clothes to auto parts. But because hemp is the same genus as marijuana – cannabis sativa – federal regulators criminalized its cultivation decades ago. Now, federal agencies are loath to permit new crops, even though 13 states have approved some form of hemp legalization.

hemp-1-15col.jpg Although legal, no hemp has been planted yet in Indiana. (Shutterstock.com)

“It’s not like hemp is not grown around the world, and it’s certainly well known we could grow hemp in Indiana,” said state Sen. Richard D. Young, D-Milltown, sponsor of the industrial hemp bill that sailed through the General Assembly with wide bipartisan support. “There was really no reason it should have ever been illegal to begin with. I think it’s kind of a miraculous commodity, and it’s foolish we don’t use it.”

Legalization of industrial hemp in Indiana is enshrined in I.C. 15-15-13. Hemp is defined as cannabis whose concentration of the psychoactive ingredient tetrahydrocannabinol (THC) is less than 0.3 percent of the plant’s weight. The statute sets out a system in which growers and handlers would have to submit to background checks and be licensed by the state. Hemp fields would be subject to compliance inspection by state police.

But no commercial licenses are expected to be available anytime soon, according to people involved in setting up the regulatory framework.

The law vests in the Indiana seed commissioner authority for regulating hemp. Two days after Pence signed the bill into law in March, State Chemist and Seed Commissioner Robert Waltz sent a letter to the Drug Enforcement Administration seeking to clear the way for research on the plant that he hopes will be carried out by Purdue University.

“The (2013) Farm Bill very clearly limits the growth of this crop to research purposes with state departments of agriculture or universities conducting research,” Waltz said. “The federal government still sees this very much as a crop that they want to see and need to see highly regulated.

“The DEA clearly regards any growth of this crop outside of what’s allowed in the Farm Bill as an illegal activity,” he said.

young Young

Hearing nothing from the DEA five months after requesting clearance to proceed with research crops next spring, Waltz submitted a second letter Aug. 19. That was one day after proponents and stakeholders in the fledgling hemp industry gathered and talked about prospects for the industry in Indiana.

“We definitely want seed in the ground in the spring, but it will have to be limited per the Farm Bill,” said Jamie Campbell, founder and president of the Indiana Hemp Industries Association. “It just may not be as aggressive as some people would like.”

Campbell said that while regulatory approval is slow, she’s optimistic that one of several bills in Congress will pass, lifting restrictions on cultivating hemp. There are manufacturers in Indiana who are using the plant’s fiber or seeds, “but we’re pulling it from every other country.”

When she testified before a legislative committee considering the hemp bill, Campbell brought bags full of a variety of items made from the plant that were purchased in local department stores and shops. She said that helped alleviate one of the biggest problems advocates face in winning over skeptics.

“So many people do not know the difference between marijuana and industrial hemp,” she said. “Part two is, everyone is concerned about knowing the difference.”

Campbell said that hemp is distinguishable from marijuana largely based on size. Hemp may grow to heights of 12 to 16 feet, whereas cannabis grown for marijuana typically is much smaller.

Hemp continues to grow wild around the state, she said, eluding eradication efforts. The plants are a remnant of a time when the U.S. government paid farmers to cultivate the crop to make rope and other products used by the armed forces during World War II.

Waltz said authorities today worry, though, that a hemp field could provide cover for planting marijuana. “The concern is … it would be seen as the same plant,” he said.

“Those are probably the kinds of issues that are going to restrict the plant until we come to some resolution with how we’re going to manage some of those scenarios,” Waltz said.

Indiana’s hemp statute states that enabling the crop will in no way violate federal law – something that happened when Colorado legalized marijuana for recreational purposes.

“Even during testimony, we had some people coming in testifying for it because they perceived this would be a precursor to legalizing marijuana,” Young said. “We tried to shut them down. … I have no support for marijuana legalization whatsoever.”

A farmer, Young also has no interest in growing hemp himself, but he said farmers shouldn’t be denied the option of growing a potentially lucrative crop. He said some farmers in Canada, for example, earn about $1,100 per acre they grow of hemp versus about $900 for corn, soybeans or other grain commodities. But no one expects hemp production will ever come close to matching Indiana’s corn or soybean harvests.

“The actual big value of industrial hemp is not going to be in agriculture, it’s going to be in manufacturing,” Young said. It’s a value-added crop that can be made into an estimated 50,000 products, he explained, and states that have a regulatory system and some experience with the crop will be positioned to take advantage.

Young said it’s important that Indiana be out front in the industry because manufacturers are likely to locate close to the product, because the cost of transport is one of the greatest expenses for makers of hemp products.

Kentucky, which legalized hemp in 2013, this year harvested its first pilot project research crops, but the state had to go to court as it prepared to expand cultivation. The state sued the DEA after Kentucky officials said the agency delayed authorizing planting and then seized hemp seeds that were bound for the Bluegrass State.

This month, Kentucky dropped its suit after the state and DEA agreed on a process for importing seed and that Kentucky’s Department of Agriculture would oversee the cultivation and sale of the crop.

Young doesn’t expect the federal government would take steps to stop cultivation of hemp even in states such as Colorado that have openly defied prohibition. Key leaders in both parties in Congress appear to favor decriminalizing cultivation, he said.

“I think the time will come when you won’t have to have a license and anyone can contract with a manufacturer if you want to grow it. The way (marijuana and hemp) have been bundled together, I think it’s almost criminal,” Young added, noting the irony that some of the nation’s founding documents were drafted on hemp paper.

“We’ve been denied a whole world of products that we could be making out of this that are superior to materials we are using right now, and they are in every case better for the environment,” he said.•

ADVERTISEMENT

  • HEMP
    Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!
  • HEMP has many uses
    If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.
  • good new state law-- bad feds
    Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"
    • CANNABIS IS GOOD
      Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by

    facebook - twitter on Facebook & Twitter

    Indiana State Bar Association

    Indianapolis Bar Association

    Evansville Bar Association

    Allen County Bar Association

    Indiana Lawyer on Facebook

    facebook
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

    2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

    3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

    4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

    5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

    ADVERTISEMENT