Pubdate: Mon, 19 Jan 2015
Source: San Francisco Chronicle (CA)
Copyright: 2015 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388

LEGALIZE INDUSTRIAL HEMP

Undoing nearly a century of narcotic propaganda against industrial 
hemp is no easy matter.

Yet, surprisingly, a bipartisan effort in Congress resulted in the 
first crack in hemp's prison wall - the farm bill of 2014 redefined 
the harmless herb as just that. But that definition is only good if 
it's grown in state-sanctioned research programs, which are limited.

The next step has to be taken.

The Industrial Hemp Farming Act of 2015 was introduced in the Senate 
(S134) earlier this month with bipartisan co-sponsorship. The House 
bill, also bipartisan, will be reintroduced this week. They need 
support. These bills are simple: They redefine Cannabis sativa with 
an essentially inert THC level of 0.3 percent or less, dry weight, as 
industrial hemp and remove it from the narcotics list in the 
Controlled Substances Act of 1970. THC, or delta-9 
tetrahydrocannabinol, is cannabis' psychoactive chemical.

Marijuana, with a THC of 10 to 30 percent, isn't addressed in these 
bills and would remain listed in the CSA.

Hemp law today is gray. Creating some of the confusion is the August 
2013 "Cole memo" from Deputy Attorney General James Cole. Hemp is not 
mentioned: To the Department of Justice, it's still the same as 
marijuana. The memo indicates that the DOJ, and, therefore its 
police, the Drug Enforcement Agency, will concentrate on cannabis 
cases involving any of eight characteristics: minors, gangs, guns, 
interstate commerce, piggybacking other drugs in marijuana deals, 
drugged driving and possession or growing on federal land. While the 
inference is that the DEA will let other cases slide, there are no 
guarantees, and, in fact, the memo says as much.

A later version of the advisory is more chilling, economically. 
Several pages deal with its hard-core approach to anything resembling 
money laundering. "funds 'derived from' marijuana-related conduct can 
also serve as a predicate for prosecution. ... Financial institutions 
that conduct transactions with money generated by marijuana-related 
conduct could face criminal liability." Again, it's well to remember 
there is no distinction here between hemp and marijuana.

The caveat in all versions of the memo is this: The DOJ's guidance 
"rests on the expectation" of strong local enforcement. And if it 
sees a lack? So much for the memo.

Further, the DEA, though removed by Congress from policing hemp in 
farm bill pilot programs, and though its policing funds have been 
restricted by Congress, has twice seized certified low-THC hemp seed 
in farm bill pilot projects, and it continues to police farm bill 
seed transport.

The Senate and House bills are simply worded, and take one step at a 
time - the legalization of industrial hemp. It is up to our senators 
and congressmen to move the final bill to the president.

And it's up to the president to finally bury America's antiquated and 
unfounded fears by signing it.
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MAP posted-by: Jay Bergstrom