Hemp Legislation in Different Stages

Hemp is legal to grow in some developed countries. Due to its flexibility as a crop, it can grow in most types of weathers. However, each country has different ways of treating hemp agriculture. There are also variations of the legality of production of different hemp products.

Farming

Hemp has been farmed for its excellent fiber yield. Until the early 1900’s, hemp is widely farmed for its fibers and oilseeds. However, it’s close relation to the strain of marijuana plant eventually led to significant decrease of hemp farms. It should be noted that it is very difficult to produce drugs out of industrial hemp.

In the United States, the negative perception of the public about hemp influences legislation. The current active war on drugs is another hurdle preventing nationwide acceptance of hemp farming. It is not legal to grow hemp under United States Federal Law. Hemp is still considered a controlled substance under the Controlled Substances Act. Some states such as Hawaii, Maine, Maryland, Oregon, North Dakota, Montana, California, West Virginia, and Vermont have made cultivation of industrial hemp legal. However, farmers in the area have not begun growing the crop due to issues with the federal Drug Enforcement Administration. Farmers in Colorado are beginning to plant and harvest several hectares of hemp after the legalization of marijuana in 2013.

Other countries allow the growing of hemp with different limitations. The Department for Environment, Food and Rural Affairs in Great Britain allows hemp farming. However, farmers should harvest and desiccate the crop towards the end of its flowering. At this point, tetrahydrocannabinol (THC) content is very low.

Processing and Manufacturing

The potential of hemp as a raw material for different products makes it a viable business venture. As with farming, processing and manufacturing of hemp products are highly regulated, if allowed at all. Paper, cordage, oil, and textiles are the most common products created from hemp.

Countries only allow specific processing of hemp and manufacturing specific products. Fiber, oil, and pulp are usually legally extracted from the harvested hemp. Some European countries allow hemp processing and manufacturing of textile, seeds, and paper. For example, Austria and France allow production of hempseed oil with limited THC levels.

Most countries require licenses with varied conditions. However, common among the regulations is the limit in the THC content during processing and manufacturing. This is due to the inclusion of hemp in the country’s drug laws, making it a controlled substance. For instance, Canada’s Industrial Hemp Regulation Program grants licenses to individuals who wish to grow and process industrial hemp for commercial purposes. It requires limitations in THC levels which is tested and reviewed by several government institutions.

Some areas only allow processing of industrial hemp materials and not farming. For example, Missouri in the United States allows processing of hemp extract which can only be bought from two government licensed entities. It is still illegal for individuals to grow industrial hemp in the state.

Distribution and Consumption

Distribution and consumption of industrial hemp are heavily controlled by federal laws in most areas. Markets for hemp are usually small or non-existent in most countries. However, products which use hemp as raw material are treated under normal economic and commercial laws as THC levels are already controlled in the farming and processing stages. As such, products such as clothes, seeds, oil, and paper are not treated any differently from similar, non-hemp products.

Processed hemp materials such as fiber are distributed between manufacturers. Hemp fiber is a known ingredient of composite panels for automobiles. As such, various car makers, such as Audi, BMW, Ford, GM, and Mitsubishi, are allowed to purchase large amounts of hemp fibers for their production.

Hemp shivs, the by-product of hemp fiber product, is still a popular option for animal bedding across Europe. It is used specifically for farm animals such as horses and chickens. As such, it is widely available across the continent without many legislative limitations.

Hemp Legislation in Different Areas

The differing attitudes of countries towards hemp are largely influenced by each government’s campaign against illegal drugs. As such, countries with progressive drug laws have launched extensive research about hemp and its difference to marijuana. Some are even beginning to loosen their federal laws involving hemp farming.

North America

Canada is the only nation that allows the nationwide commercial production and cultivation of industrial hemp in North America. Since 1998, the Canadian government has issued licenses and authorizations through Health Canada. The changes in legislative attitude towards hemp in Canada came about because of the research efforts of the Hemp Awareness Committee at the University of Manitoba. The results of the research were used by the government to eventually legalize industrial hemp.

The United States of America have varying laws related to hemp. Each state has its own legislative attitudes towards the farming and production of industrial hemp. In recent years, state legislatures are slowly taking action to loosen limitations involving the crop. The Agricultural Act of 2014 includes Section 7606 allows academic institutions and state departments of agriculture to begin the cultivation of industrial hemp for limited research purposes. The eventual passing of the Industrial Hemp Farming Act of 2015 allowed farmers to produce and cultivate the crop. As of 2017, only 38 states and Puerto Rico have considered laws regarding hemp farming and production. The bills range from research to licensing programs.

Mexico’s legislative attitude towards hemp is tightly tied to marijuana. The country’s anti-drug program is confusing and self-contradictory at best. Its General Health Law allows possession of five grams of marijuana for personal use. However, it is illegal to produce, distribute, and sell cannabis crops and its varieties, which includes hemp. Still baffling is the legal trade and import of raw hemp and its products such as textiles, seeds, twine, and cordage for rope-making. Proposals concerning the legalization of hemp production, and subsequently cannabis, has been submitted to the Mexican Congress since 2007. Entities, such as the Latin America Hemp Trading (LAHT), are continuing to push the legalization of industrial hemp farming and cultivation.

South America

Countries in South America have a complicated relationship with cannabis much like their northern neighbor. Because of this, very few countries in the continent are making the effort to legalize hemp. However, present attitudes towards marijuana, and subsequently hemp, is evolving.

Brazil has long prohibited cannabis in the country. However, it is beginning to recognize the medical application of hemp oil. In 2015, the country legalized the hemp-based compound cannabidiol (CBD) which is mostly found in oil products. It allowed the importation of CBD hemp oil which helps alleviate symptoms of Parkinson’s disease, epilepsy, and chronic pain. Pharmaceutical companies, such as Medical Marijuana Inc. and HempMeds Brasil are leading the efforts to further improvement of the laws.

Argentina is also making similar steps towards improving cannabis legislation. In 2009, the country decriminalized the possession small amounts of cannabis. Additionally, medical cannabis became legal in Chubut and Santa Fe provinces since 2016. The Argentinian government followed Brazil’s steps the following year and legalized CBD hemp oil under the control of national medical authorities.

Chile and Uruguay are leading the developments in cannabis cultivation in the continent. Much like the other South American countries, the motivation is rooted in the crop’s medical application. Chile has now opened the largest medicinal marijuana farm in South America since its legalization in 2015. The Daya Foundation manages the farm which serves up to 4,000 patients needing medical marijuana in the country. On the other hand, hemp planting is steadily growing in Uruguay. Companies are now looking at the possibility of entering the hemp markets in food, textiles, and pharmaceuticals.

Improvements in popular perception and legislative efforts of cannabis greatly benefits the cultivation of industrial hemp in the area specifically the production of medical products.

Asia

China is the world leader in hemp production accounting for almost half of the world’s legal hemp. Hemp is one of China’s earliest crops with historical and archeological records dating back as early as 6,000 years ago. It was mainly used for paper, textile, animal food and even in medicine. However, when the region became the People’s Republic in the 1940’s, the Chinese government classified the crop as an illicit drug. Despite its strict laws, the government is known to turn a blind eye to hemp farmers cultivating in the region due to the crop’s economic value. Farms are typically found in small provinces such as Yunnan and Heilongjiang. Hemp brings about 10,000 yuan ($1,500) per hectare, which far surpasses traditional crops. Recent efforts by companies such as the Hemp Investment Group along with the People’s Liberation Army may soon loosen the Chinese laws regarding hemp.

India also has a long history of hemp in both cultivation and popular use. Forms of cannabis may have been present in India as early as 1000 CE, according to several Indian texts. However, the contemporary legislation limits the processing and distribution of cannabis and its several forms. The Narcotic Drugs and Psychotropic Substances Act of 1985 banned the production and sale of cannabis resin and flowers. However, it is legal to use the leaves and seeds. The cultivation of industrial hemp is legal in India. The government recognizes it as a legitimate source of industrial products such as oil, fiber, and biomass.

Southeast Asian countries also have complicated attitudes and legislation towards cannabis plant. Most countries classify cannabis as an illegal drug which warrants severe punishments. Possession of any form and variety of cannabis (already considered drug trafficking) is punishable by death penalty in Brunei, Malaysia, and Singapore. Other SEA countries also have severe sentences such as lifetime imprisonment. As such, cultivation of industrial hemp is largely illegal in this area of the world. However, progressive legislation is slowly being adopted by some countries. Medical cannabis is already legal in the Philippines under House Bill 6517 known as the Philippine Compassionate Medical Cannabis Act. However, specific programs are still in its infancy. Softening attitudes can also be seen in Thailand, Cambodia, and Singapore.

Australia and New Zealand

Australia and New Zealand have relatively progressive legislations towards cultivation, processing, and distribution of industrial hemp. Specific laws vary from each territory. Crops with THC content of greater than 0.35% is illegal in Victoria, Western Australia, and Tasmania. Hemp with more than 1% THC content is likewise illegal in New South Wales and Queensland. New Zealand considers legal industrial hemp if the THC content of the crop is between 0.35% to 0.5%. Farmers and producers need to acquire license subject to their territory’s conditions. Growers may be required to register their planting locations with the state government. An inspection and approval processes may follow. Industrial hemp is commonly used for the production of fiber, hurd, and medicine. In the past, only New Zealand allows hemp to be used in food products. However, a recent update to Australian legislation now allows protein-rich hemp seeds to be grown and sold as food.

A summary of the regulations and requirements in hemp cultivation and production in both Australia and New Zealand can be found in the Food Standards Australia New Zealand (FSANZ).

Final Thoughts

There is still a large part of the world which misunderstands hemp due to its relationship with marijuana plant varieties. However, changing and progressive attitudes towards cannabis in other countries are beginning to influence the rest of the globe. Efforts by academic institutions, private organizations, and individuals have resulted in different research programs. The economic value of industrial hemp is also being studied by some countries. As such, popular understanding of the value of hemp and its difference from marijuana is slowly affecting government actions and laws. The success of new hemp markets may also attract