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Some folks gettin'wiser...

Mendocino County OKs pot growing and smoking, 1st in nation JUSTIN PRITCHARD, Associated Press Writer Wednesday, November 8, 2000 Breaking News Sections (11-08) 01:40 PST UKIAH, Calif. (AP) -- Voters in Mendocino County have decided it is high time to let locals grow marijuana for personal use, passing the first such ballot measure in the nation. Measure G, which faced no organized opposition, was approved 58 percent to 42 percent with all precincts counted Tuesday. It allows residents of this verdant county on California's north coast to cultivate 25 pot plants apiece. Busting small-time growers will, officially, be the sheriff's lowest priority. But that doesn't mean marijuana is legal here now -- state and federal laws still apply. ``There are people, when we catch them they're going to give that 'Why are you guys doing this to us' line,'' said Mendocino County Sheriff Tony Craver, who signed a petition to put Measure G on the ballot but ended up opposing the initiative. ``I'm worried about the frustration and heartaches it's going to cause.'' While a handful of liberal college towns like Berkeley have decriminalized pot smoking, Mendocino County has tilled new ground. It becomes the first community to sanction growing, according to the National Organization for the Reform of Marijuana Laws. One big reason: it's part of a region on California's north coast that produces an annual marijuana crop estimated near $1 billion. ``It's a progressive community and there are a lot of people who grow pot,'' said Liz Haapanen, a Fort Bragg resident who voted for Measure G. ``The two things together are what is moving this.'' With a mere smattering of opposition, mainly from local educators, Measure G backers aired a series of four radio ads, said Dan Hamburg, a former Democratic congressman and leading backer of the initiative. The message in the $7,000 ad campaign was not that pot was a basic human right, but rather that government has no business in a grower's back yard. Ironically, Hamburg said some growers themselves opposed Measure G because it looks to increase the local marijuana supply and therefore burn their profits. At present, the potent green bud fetches more than gold: A single ounce can cost $400 on the street. ``I'm sure there were a few growers who kicked in 10 or 20 bucks to the campaign,'' said Hamburg, who registered his own pot plot under California's medical marijuana law. ``But this thing was not financed by growers, because they like things the way they are.'' INDUSTRIAL HEMP ECONOMIC VIABILITY


HOUSE OF REPRESENTATIVES

STATE OF HAWAII
STATE CAPITOL HONOLULU, HAWAII 96813

INDUSTRIAL HEMP [CANNABIS SATIVA]-ECONOMIC VIABILITY AND POLITICAL CONCERNS

REDISCOVERING INDUSTRIAL HEMP

Countries, such as France, Spain. China. India. Korea and satellite nations of the former Soviet Union have been cultivating industrial hemp for years. A 1961 United Nations Single Convention Treaty specifically allows cultivation of cannabis for industrial purposes. and the more recent NAFTA and GATT international trade agreements recognize hemp as a valid agricultural crop. These international agreements form the basis for reintroducing industrial hemp today.

Some Western countries that had earlier followed the U.S. in banning industrial hemp, have recently changed their legislation.

Canada granted its first public research permit for industrial hemp cultivation in 1994. In 1995 it granted 12 permits, including one for seed production and two for research test plots maintained by the government agricultural departments.

Australia has also begun growing low-THC hemp on an experimental basis. Field trials are being conducted in Tasmania and South Australia, and a two-year study is under way at the University of Tasmania to see whether hemp cultivation would be viable under local conditions. Two major paper companies are conducting their own laboratory pulping trials using materials from the experimental fields with a view to utilizing hemp as a strengthening supplement to wood and straw based paper.

In Great Britain commercial hemp cultivation, though still on a small scale, is under way. Under licenses from the UK Home Office 2000 acres were grown in 1994, up from 1500 acres in 1993. Since the first British hemp was woven into cloth in 1995, English hemp growers have been looking forward to supplying the two biggest markets for ecological products in the world--the U.S. and Germany--both of which had maintained their ban on industrial hemp. England's advantageous position started eroding, however, when Germany legalized hemp cultivation in late 1995.

Before the publication of the 1993 bestseller, The Rediscovery of the Resource Hemp Cannabis Marihuana [Herer, Broeckers, KATALYSE] there had been little visible interest in hemp in Germany. However, since then a strong hemp lobby has emerged, consisting of Germany's principal farmers' association, representatives from the textile and printing industry, and environmental groups. While these groups set the stage, the legislative changes came about through party and local government initiatives.

Four US states introduced industrial hemp bills in their 1996 legislatures: Hawaii, Vermont, Colorado, and Missouri. Hawaii's bills were held in committee. Colorado's bill [SB 67] passed the Senate but was defeated in the House. Vermont's bill [H783] passed the House and is on its way to the Senate. In Missouri the Hemp Production Act of 1996 [972] was heard, but not voted on, in the Agricultural Committee.

Also in the U.S., an executive order [June 3, 1994. No. 12919] signed by President Clinton included hemp as a strategic food resource. The Commissioner of Agriculture for the State of Kentucky, Ed Logsdon, announced in 1994 that "it's time to look at producing hemp on a commercial basis." Outside of legislative chambers, hemp supporters have formed a multitude of special interest organizations. One of the newest and largest creations is the North American Industrial Hemp Council [October 1995]. A parallel organization, the Canadian Hemp Council, was formed in Canada [February 1996] Why this recent commotion about industrial hemp? The initiatives are driven by economic and environmental visions of a flourishing hemp industry in the future. The growing world population requires an increasing supply of resources. Deforestation has been depleting the planet's timber supply while the demand for paper skyrockets. Unlike trees, industrial hemp produces two important resources from a single plant--cellulose and seed oil--so it can be used to make high quality paper or cloth. Compounding its benefits is the short growing cycle for hemp: four months compared to at least seven years for pulp trees.

VERSATILITY AND ECONOMIC POTENTIAL OF INDUSTRIAL HEMP

Industrial hemp produces three main raw materials: bast fiber, hurds, and seeds. Using these three ingredients in different manners make industrial hemp a versatile product. Moreover, all hemp-based products, including plastics, are biodegradable.

Construction Materials

[e.g. paneling, fiberboard, cement blocks. insulation material]: According to Dave Seber. former president of C&S, a research and development company exploring fibroid alternatives, the future importance of hemp will probably not lie in the areas that hemp has traditionally been associated with, e.g. textiles, but rather in "composites," such as medium density boards and cement-like materials.

Russia, Poland and other Eastern European countries already manufacture composite boards from hemp and other plant materials. In the U.S., researchers at the Washington State Wood Composite Laboratory are working on further refining the technology for hempbased medium density fiberboards. In fact, some of the first Canadian hemp crop was contracted to produce samples of such boards. Though of excellent quality, the boards are not yet economical and their future profitability depends on the price of woodchips. which have been fluctuating greatly over the last year. Hemp hurds, alone or blended with wood. can be used in existing mills without major changes in equipment.

Paper

In 1916 the USDA reported that hemp hurds could produce four times as much paper per acre as trees. With increased yields and improved technology this may now be higher. In addition, hemp paper is stronger. can be recycled more often, and lasts longer than tree paper.

Currently, all hemp paper sold in the US is manufactured abroad and must be imported, resulting in prices that are 2-3 times higher than tree paper. Kimberly Clarke, an American Fortune 500 company which manufactures hemp paper for cigarettes and Bibles in France, sells much of their cigarette paper to American companies. Tree Free EcoPaper of Oregon imports paper manufactured in China. The company is in the process of building a paper mill in Oregon that would create 400 new jobs, but without a domestic hemp supply, raw materials will have to be imported, keeping prices high. Germany's largest paper manufacturer has recently converted two mills for hemp-based paper production. Small specialty mills can convert to hemp without too much difficulty and expense, but large scale paper mills would need to retool 40-60% of their equipment.

Textiles

[e.g. diapers, denim, shoes, fine textiles]: As one of the strongest natural fibers available, hemp is an excellent raw material for making various kinds of rope and twine. It is also used to make a wide range of textile products from fine linens to coarse canvas. [Incidentally, the word canvas is derived from cannabis.]

Given currently available technology, production costs for hemp textiles, relative to other fibers, are still high. Bast fibers, such as hemp, tend to have high production because they make up only a certain portion of the plant system and must be separated from the rest of the stem before they can be used in textile or paper production. Besides being labor intensive. the processing of hemp is also hard on existing baling equipment, as it will tend to wrap around the cylinder.

There is, however, a growing market for hemp fabric. Several companies in the US produce textile products from imported hemp fabric. Wait Disney Co. carries hemp products. Esprit will soon begin offering hemp clothes as part of its collection. Fashion designer Calvin Klein has announced plans to use hemp in his clothing lines. Deja Shoe, a company that produces footwear from recycables and earth-friendly materials, will soon be offering hemp shoes, and 100% hemp Converse All Stars are already available. Adidas, Vans and other shoemakers are either marketing hemp-topped sneakers or planning to do so.

Plastics

32-38% of hemp hurds and 53-74% of hemp bark is made up of cellulose, the basic building block of plastics. Until the 1930s hemp-based cellophane, celluloid and other products were common, and Henry Ford used hemp to make car doors and fenders. Today hemp hurds can be used to make new plastic or blended into recycled plastic.

Food Products

Hemp seeds are 20-25% protein. They can be used-to make non-dairy cheese, milk, ice cream, and hemp butter. Food products made out of hemp seed are high in calcium, magnesium, phosphorous, potassium, and Vitamin A.

Hemp seeds can also be pressed for their oil. Hemp seed oil is a rich source of cholesterol fighting essential fatty acids (EFA). U.S. law allows imports of sterilized hemp seeds, but such importation greatly increases production costs while the sterilization process harms the nutritional value of the seeds and hastens rancidity. Hemp seeds are also commonly used in birdseed and as feed for domesticated animals.

Personal Hygiene

[soap, lip balm. cosmetics]: Hemp oil's high EFA content makes it a suitable ingredient for cosmetics. Most moisturizing products that are on the market today are made from saturated oils which are not absorbed by the skin cells, but only coat the surface to prevent further moisture loss. In contrast, lotions that are high in EFA's can be absorbed into the cells.

Paints and Varnishes

Until the 1930's, most paints were made from hemp and linseed oils. Beyond coating the surface, hemp oil soaks into wood and preserves it.

High quality absorbents

Hemp products are excellent absorbents used in horse stables, cat litter, or oil cleanups. They are more absorbent than wood shavings and compost faster.

Other Products

Seed oil can be combined with 15% methanol to create a substitute for diesel fuel which burns 70% cleaner than petroleum diesel. It is also a good base for non-toxic printing inks. While such inks are currently made from soybeans, hemp is higher in linoleic acids, which means it requires less processing and is a superior drying oil. Hemp seed oil also makes a good all purpose lubricant.

Cargill manufactures a line of 100% plant-based plastic silverware. Plant-based plastics, such as shopping bags, are biodegradable and can be composted at home. In Germany an 100% hemp oil-based laundry detergent is about to go into production. The detergent's advantages include environmentally friendly production and high biodegradability. It can also be made into an industrial cleaner that removes oil and tar from textiles.
POTENTIAL VS. REALITY

Could industrial hemp [if its cultivation is legalized] lead to a thriving industry, creating employment and profits? Theoretical potential and economic realities are two different things. So far, legal constraints have prevented industrial hemp from being grown on a large scale in most developed nations, so that there has been little incentive to develop new technology that would maximize hemp's profitability.

Community Development

The bottom line of growing hemp is the cost of transportation to a processing center. Since hemp is a bulky crop, it is not cost-effective to ship hemp far for processing. In terms of economies of scale this would appear to be a disadvantage. However. in terms of community economic development, hemp's bulkiness means that, if successful, hemp cultivation will lead to local processing centers and jobs in small weaving factories or seed crushing facilities, and pulp mills. Hemp holds the promise to revitalize certain agricultural communities.

Research & Development

Technology to turn hemp into usable fiber and fiber into desired products is available and new technological developments are under way. Silsoe College in Bedforshire, Great Britain, for example, has developed a machine comparable to the cotton gin machine, which over two hundred years ago helped reduce the price of cotton a hundred fold. This "decorticator," which is able to extract fiber from the stems of crops such as hemp and flax cheaply, is now undergoing commercial trials. In Belgium a "scutching" machine normally used to extract linen-grade fibers from flax, can also extract fiber from hemp.

The primary focus in hemp technology has been on fiber processing. Work coming out of German flax programs is now being applied to hemp, leading to processes which include a steam explosion/cottonization process to produce cotton-like short fiber. Further technological modifications or innovations will be needed for full-scale processing of hemp.

Some researchers in U.S. Department of Energy laboratories are studying microorganisms that will detach crude cellulosic fibers from lignin, the natural glue which holds plants together. The results could be applicable to hemp by making a larger part of the plant usable as biomass for energy production.

Seed

More research needs to be done to create strains of hemp that are low in THC, high in fiber and productivity and suited to specific growing conditions. Advances made in one geographic location are not necessarily optimal elsewhere.

In the past, France has been the leader in breeding a low-THC industrial hemp seed that is suited to Europe's cool climate. New, non-French low-THC hemp seed stock is under development in Europe and is expected to be certified by the EEC in the near future.

Comparison with Other Crops

Industrial hemp has often been compared with other crops to show its high profitability. As mentioned above, a 1916 Department of Agriculture report found that an acre of industrial hemp produced four times as much dry fiber as an acre of trees.

Other comparisons can be made, but an equally valid, perhaps even better approach of looking at hemp is one of scaling down expectations and looking at the minimum benefit. This is what Joe Hickey, head of the Kentucky Hemp Growers Cooperative, does when talking to his farmers. He reminds them what they will gain from growing hemp, even if hemp does not make a penny more than a good crop of hay. Hemp is a good rotational crop which stabilizes and enriches the soil, while keeping the field weed-free for the next planting without the costs of herbicides. This is value added, which hay does not provide. According to this view, anything beyond that value, such as profits from a small decorticator or seed crushing facility, would be an extra benefit to the community.

GROWING CONDITIONS OF HEMP

Hemp is an annual herbaceous plant that can grow to heights of 5-20 ft. during a 3-4 month growing cycle. The plant's rapid growth suppresses weeds and eliminates the need for herbicides, while its relative insensitivity to insects and fungal diseases allows hemp farmers to forego the use of pesticides and insecticides.

Hemp cultivation requires good soil conditions and sufficient supplies of nitrogen and water, especially during the first six weeks. During the early growth period it also requires fertilizer. Later in the growing cycle nutrients are returned to the soil by falling leaves.

Male and female flowers are borne on different plants, though modern breeding in Europe has produced "monoecious" [male and female flowers on the same plant] varieties. Selecting monoecious strains overcomes the problem of different maturation times between male and female plants and results in stalks of more uniform height and weight.

After harvesting, the crop must be retted, a process by which the "glue" [pectin] that holds the fibers and hurds together is broken down. This can be done by simply leaving the hemp stalks lying in the field for 4-5 weeks while mother nature naturally decomposes the pectin, but new retting technologies produce better quality and more uniform fibers in less time.

Because industrial hemp has been grown primarily in moderate climates, most of the available seeds are bred with those climactic conditions in mind. A few low-THC and fiber-rich variety, suited to a slightly warmer climate, are being developed in Hungary under the name of Kompolti. It is well known that high-THC marijuana grows well in subtropical climates, but more breeding to minimize THC content and maximize fiber productivity in subtropical climates may be necessary.

POPULAR MISCONCEPTIONS REGARDING. THE CULTIVATION OF INDUSTRIAL HEMP

In the U.S. the major popular misconceptions about growing industrial hemp, typically voiced by law enforcement agencies, relate to the THC content of the plant.

Misconception #1: "Any plant with a 0.5-2.0% THC content can induce intoxication."

The answer to this argument is fully developed in a scientific article [written in German], authored by three individuals--two medical doctors and one Ph.D. [Michael Karus, Franjo Grotenhermen, and Helmut Schaaf "Potential for misuse of industrial hemp as a drug," in Bioresource Hemp Reader, April 1994]. The article draws on over thirty scientific studies on the effects of the THC substance when smoked. Because smoking produces a greater effect than oral ingestion, the results of these studies are not negated by situations when THC is ingested orally. Below is a summary of two main points made-in the article:

Point 1: There is no linear relationship between dosage and effect. Smoking two hemp cigarettes, whatever the THC content, does not double the effect of one cigarette. This means that industrial hemp with a THC content of less than 0.3% does not produce a psycho-active effect even when consumed in large quantities.

Research results consistently show 5-10 mg THC to be the minimal amount to have any measurable effect. This

[10]

amount, though measurable, is not yet perceptible by the smoker. In order to achieve the "desired" effect, the smoker needs 15-25 mg, while 30-35 mg would produce a very strong "high." Since studies also show that the effect depends on the THC being inhaled in a short period of time, the amounts for minimal and desired effectiveness presuppose inhalation within a very short time span.

A marijuana cigarette may be smoked as pure marijuana or mixed with tobacco. The typical cigarette weighs 800-900 mg and is smoked in about 6 [if fast] to 18 [if slow] minutes. The THC in the brain becomes traceable 14 seconds after first inhaling the substance. THC content in the blood plasma reaches a peak after about 3 to 8 minutes during the smoking process, and then falls rapidly again, even with continued smoking. The maximum euphoric effect is reached in 20-30 minutes. and occurs after the THC plasma peak. The effect stays for about 3 hours.

Using these figures, an average 800-900 mg cigarette made from 0.3% THC industrial hemp contains 2.4 to 2.7 mg of THC, which means that a cigarette made from industrial hemp does not achieve the minimal standard [5-10 mg] and is far less than the "desirable" standard [15-25 mg].

After feeling no effects from a low THC cigarette, it is unlikely that smokers would continue smoking this "brand." But even if they did, the effect of THC on the body would not be cumulative.

Point 2: CBD as an antidote. In addition to THC, hemp also contains a substance called cannabidiol [CBD] which functions as an antidote to THC. A CBD:THC proportion of 2:1 largely suppresses THC's psychoactive effects. While all cannabis contains both substances, industrial hemp is low in THC [typically 0.06-0.3%] and high in CBD [>0.5%], accounting for a CBD:THC proportion of over 5: 1.

Marijuana, on the other hand, is high in THC and low in CBD [<0.5%]. A chemical analysis of about 100 hemp varieties found about 40 non-drug varieties with THC:CBD proportions smaller than 1:5. In contrast. the eight drug varieties in the study had large THC:CBD proportions ranging from 2.3:1 .to 7.4: 1.

The significance of these numbers lies in the fact that industrial hemp, even if it were to induce a "high" [which it does not] comes along with an inbuilt countereffect: CBD. [An interesting side note: Low-THC high CBD hemp cigarettes have been successfully used to help chronic marijuana smokers shed their addiction.]

Misconception #2: "The effort to legalize hemp is a ruse to legalize the drug."

There is an increase in the number of groups, companies and individuals who are supporting the cultivation of industrial hemp. In January 1996, the American Farm Bureau Federation, representing 4.6 million members, endorsed industrial hemp by stating: "We recommend that American Farm Bureau Federation encourage research into the viability and economic potential of industrial hemp production in the United States. We further recommend that such research includes planting test plots in the United States using modern agricultural techniques." The Colorado and Kentucky farm bureaus, along with other farming associations, are also in support, while environmental groups see hemp as an alternative for trees for paper.

Companies such as International Paper, Masonite, and Inland Container Corporation have expressed an interest in hemp as an alternative fiber source. The International Paper Company (IP), which has 72,000 employees and annual revenues of $513 billion, sent four representatives to participate in the founding session of the North American Industrial Hemp Council in Minneapolis [October 1995]. Half a year earlier [March 1995], the Bioresource Hemp Symposium, the largest-ever such meeting and trade show was held in Frankfurt, Germany. Two hundred and forty participants from 20 countries attended, predominantly researchers including scientists, engineers, and developers of hemp-based products.

Influential political leaders have gone on record in support of industrial hemp cultivation. Canada's Health Minister Diane Marleau called hemp "an excellent commercial and industrial type of crop" with "a great deal of potential." In Germany, Health Minister Horst Seehofer supported lifting the ban on hemp cultivation, saying "we now have strains of hemp which contain such small amounts of the drug THC that they cannot be used for drug production. The principal argument against a continuing ban on hemp cultivation is therefore no longer valid."

Additional evidence that the current movement pushing for legal hemp cultivation is not tied to marijuana advocates lies in the fact the fact that those countries which have legalized industrial hemp have not changed their drug and marijuana laws.

Misconception #3: "Legally cultivated hemp fields will be used to camouflage marijuana patches."

Fields of industrial hemp are ill suited to serve as cover-up for marijuana patches. Industrial hemp is planted about 1-3 inches apart in order to produce long stalks with a minimum of branching. The density means that it is impossible to enter a field without leaving a noticeable trail. In addition, low-THC male industrial hemp pollen destroys the value of any nearby female marijuana plants. The THC content in marijuana is highest in the flower but drops sharply with pollination. For this reason marijuana growers eliminate their male plants in order to prevent pollination. Thus, they would be highly unlikely to chose industrial hemp as a cover crop. Another factor is that male hemp plants die earlier than their female counterparts, which means that hemp, unless grown for seed.,is harvested before the female plant flowers and produces seeds.

Misconception #4: "There is no satisfactory licensing system to permit hemp production."

Licensing systems have been developed in Europe, Australia and Canada and are written into legislation proposed to U.S. legislatures.

The control system in the U.K., where hemp is grown under licenses from the Home Office, has generally worked well. In 1993 there were a few problems with plants being stolen from some industrial hemp fields by people looking for a drug source. By 1995, however. potential drug users appear to have gotten the message that industrial hemp serves them no purpose and have left hemp fields alone.

The hemp bills that were introduced in Colorado and Vermont 1996 both contained detailed licensing provisions. The Vermont bill [H. 783] requires all hemp growers to obtain a state and a federal license. The state license will be valid for 24 months and not transferable. In order to receive it the applicants must:

a. hold a license from the U.S. DEA;
b. be in compliance with all federal and state laws;
c. submit a $2,000 irrevocable letter of credit or surety bond;
d. obtain all seeds in compliance with the act;
e. demonstrate that all parts not used will be destroyed or recycled; and
f. maintain good record keeping.


The Colorado bill would have required each hemp grower to comply with all applicable federal laws and to register with a state registered hemp producing association that has bylaws and procedures to adequately control production. The bill also required the association to provide evidence that:

a. it registers only serious farmers (shown by filing evidence of financial responsibility, through savings accounts or irrevocable letter of credit or surety bond of $2,000, for use of any person suffering loss or in case a crop needs to be destroyed if out of compliance);
b. it controls seeds;
c. it inspects, tests, and has sanctions for members who are repeatedly out of compliance;
d. it insures that parts (leaves and flowers) not being used are destroyed or recycled.


Misconception #5: "There is no standard for an acceptable THC level."

The good news is that there is a standard in place. The bad news is that this standard is quite arbitrary and not necessarily the best one. The European Economic Community (EEC) has agreed on certifying only strains of hemp that contain less than 0.3% THC, as measured in the upper third of the leaf. However, the way this standard came about had more to do with French economic interests than with scientific opinions. With a prior- near-monopoly on 0.3% THC hemp seeds, it was in France's interests to push for this standard within the EEC. The move was successful and has meant that European hemp growers, wishing to qualify for EEC subsidies, purchase their seeds from France, creating a situation of insufficient supplies and high prices.

In the meantime, new hemp varieties are being developed elsewhere. The former Soviet Union originally set its standard at 0.2%. While Eastern European strains do not exceed that limit, several are well below 0.2%. One strain of low-THC hemp grown in the Ukraine, for example, contains as little as 0.06% THC.

Even though evidence shows that industrial hemp and marijuana are not the same, and even though other law enforcement concerns have been addressed satisfactorily in other countries, the U.S. Drug Enforcement Agency continues to oppose any legislation that would distinguish between industrial hemp and marijuana.

THE POLITICS OF HEMP

When hemp was first regulated in 1937, Congress did not intend to outlaw the legitimate hemp industry. At Congressional hearings after the World War II "Hemp for Victory" campaign, the Deputy Commissioner of the Federal Bureau of Narcotics [forerunner of the U.S. Drug Enforcement Agency] said that marijuana regulations would not have a negative impact on the commercial hemp industry.

Today, however, the DEA and other law enforcement agencies routinely oppose the cultivation of industrial hemp, saying that it would "undermine the public interest" by making marijuana more available. The agencies also oppose any exploration of the topic at forums and meetings. In 1995, the DEA was deeply apprehensive about the founding conference of the North American Industrial Hemp Forum. Prior to the meeting Edwin Sholts, director of Wisconsin's Department of Agriculture Development and Diversification Program, was contacted by several DEA representatives who told him the gathering was "a dumb idea." When Sholts urged them to attend the conference to discuss the issue, they declined.

Regardless of the U.S. DEA's position in the past, government has been known to change its mind quickly. Five years after banishing the hemp industry in 1937, the federal government, suddenly in need of fiber for its war effort, changed its policies and encouraged American farmers to grow industrial hemp. At the same time the U.S. Department of Agriculture produced a documentary film "Hemp for Victory," extolling the virtues of the plant.

Canada's equivalent of the U.S. DEA finds that that country's police forces are "reasonably happy" with their country's legislation regarding the experimental cultivation of industrial hemp. According to Ross Hossie, Chief of Canada's International Control and Licensing Division, Canadian police generally do not consider hemp cultivation a "great idea," but they prefer to not take an opposing stand during the legislative process. Instead, Hossie says, they are prepared to wait for the completed legislation and regulations.

Some people have suggested that Congress should rethink the role of the DEA and place industrial hemp under the jurisdiction of the Department of Agriculture rather than leave it under the control of the Drug Enforcement Agency. A similar question of whether to place oversight over hemp cultivation under the agricultural or health department is under consideration in Germany.

Will it take another national emergency to take action on industrial hemp? Elected officials do not want to be seen as being soft on crime and they know that a vote in favor of industrial hemp may be construed in this way. But the political effectiveness of confusing marijuana and industrial hemp depends on a public that has a limited understanding of the issue.

In Kentucky public opinion has shifted because of greater awareness. In 1993, the governor convened a task force to explore the viability of hemp for the state. However, for reasons unknown, the chairman disbanded his task force prematurely and issued a hastily assembled report which was not endorsed by many of the task force members. The net effect of the task force's creation and demise was that the issue of growing industrial hemp received broad publicity in the Kentucky's media, in the process educating the state's people about the difference between hemp and marijuana. As a result, a March 1996 survey found 77% of Kentuckians favor reintroducing industrial hemp in their state.

There is no guarantee for a future of hemp in the U.S. or in Hawaii, but given hemp's versatility there is a fair chance of success. Legislators, seeking to minimize the political risk associated with the hemp issue, are looking for commitments by large and respectable companies interested in investing in the new industry. That, however, may be putting the cart before the horse. What is needed first is a better understanding of the issues involved and small scale experimental cultivation to generate some of the data that businesses would like to have in hand before committing themselves.

This report was designed to provide some background information and to help generate a public discussion in Hawaii.

"Why use the forests which were centuries in the making and the mines which required ages to lay down, if we can get the equivalent of forest and mineral products in the annual growth of the fields?"
--Henry Ford--

Prepared for: Representative Cynthia Thielen, Minority Floor Leader
By: Gertraude Roth-Li, Minority Research Staff
Date: April 17, 1996



Just Thought You Might Like To Know...

ORIGIN AND DIFFUSION OF HEMP

Hemp's history in the service to human culture is as long as it is diverse. The Neolithic "Yang Shao" culture of China (4000 BC) is believed to have used the long fibrous strands on the outside of the cannabis stalk for rope and cloth. According to Professor Hui-Lin Li, an economic botanist at the University of Pennsylvania, cannabis seeds, rich in protein, "were considered, along with millet, rice, barley and soybean, as one of the major grains of ancient China". The first paper was made of hempen rags, while the earliest pharmacopoeia in existence, the Pen-ts'ao-Ching, states that "the fruits of hemp...if taken in excess will produce hallucinations [literally seeing devils]. If taken over a long term, it makes one communicate with spirits and lightens one's body." Writing in the 5th century BC, the Greek historian Herodotus describes how the Scythians would purge themselves after funerals by inhaling the smoke of hemp seeds thrown onto hot stones. "The Scythians enjoy it so much that they howl with pleasure..." Linguistic evidence indicates that in the original Hebrew and Aramaic texts of the Old Testament the "holy anointing oil" which God directed Moses to make (Exodus 30:23) was composed of myrrh, cinnamon, cannabis and cassia.: www.etext.org/Politics/CRC/hemp p.13

This strategic aspect of cannabis as a basic fibre source reappeared for a short while during the Second World War. In the wake of Pearl Harbour and the Japanese invasion of the Philippines, the US was cut off from its supplies of Manila rope and twine, and made considerable efforts to revive its by then sagging hemp trade. Planters' manuals were rapidly reprinted, and the estimated area under cultivation increased from 585 hectares in 1939 to 59,500 hectares in 1943. By 1946 the total had dropped back to 1950 hectares and the industry was on its way to extinction in the industrial West. www.etext p13

The true hemp (_Cannabis sativa_) has been recognised as a useful plant from a very early period, although probably not of the same antiquity as flax. Herodotus is the first writer who mentions it (iv. 74), but he speaks of it in a manner which shows it must have been then well-known, for he describes the hempen garments made by the Thracians as being equal to linen (flax cloth) in fineness. Its use for making cordage is noted as early as 200 years B.C. by Moschion, who mentions that a large ship, the "syracusia," built by Hiero II, was rigged with ropes made from hemp brought from the Rhone. The original country of the hemp-plant is not positively known, but it is generally believed to have been the mountainous districts in the extreme north of India, whence it spread westward through Europe, and southward through the peninsula of India. Its cultivation in each direction had in all probability a different object; for it is found to produce under tropical culture an inferior fibre, and a powerfully intoxicating drug, but in cold and temperate climates it yields an abundance of strong fibres in great perfection for textile purposes, and loses its narcotic qualities. The similarity of its name in various languages is a strong indication that it has taken the course here indicated; thus, in the Sanscrit it is called goni, sana, or shanapu; Persic, canna; Arabic, kanneh or _kinnub; Greek, kannabis; Latin, cannabis; Italian, canapa; French, chanvre or chanbre; Danish, kamp or kennep; Lettish and Lithuanian, kannapes; Slavonic, konopi; Erse, canaib; Scaninavian, hampr; Swedish, hampa; German, hauf;Anglo-Saxon, haenep; and English, hemp. In India other names are applied, indicative of its intoxicating or narcotic powers; thus, according to Dr Royle, it is called the "increaser of pleasure," the "exciter of desire," the "cementer of friendship," the "causer of the reeling gait," the "laughter mover," &c.; and he also suggests that it may have been the nepenthes ("assuager of grief") of Homer, given by Helen to Telemachus. ; THE ENCYCLOPEDIA BRITANNICA, DICTIONARY OF ARTS, SCIENCES AND GENERAL LITERATURE. 8TH edition. Vol. XI. Little, Brown, and Company,Boston,U.S. p.311

When the bushmen of Southern Africa were brought to England, they passed much of their time in smoking this narcotic in pipes made of the long teeth of alligators, hollowed out for the purpose.: ENCY BRIT The therapeutic use of cannabis was introduced into Western medicine in 1839, in a forty-page article by W. B. O'Shaughnessy, a thirty- year-old physician serving with the British in India.[27] His discussion of the history of the use of cannabis products in the East reveals an awareness that these drugs had not only been used in medicine for therapeutic purposes, but had also been used for recreational and religious purposes WWW.ETEXT. p29

The Chinese emperor Shen-nung is reported to have taught his people to grow hemp for fiber in the twenty-eighth century B.C. A text from the period 1500-1200 B.C. documents a knowledge of the plant in China--but not for use as fiber. In 200 A.D., the use of cannabis as an analgesic was described by the physician Hoa-tho.[44] In India the use of hemp preparations as a remedy was described before 1000 B.C. In Persia, cannabis was known several centuries before Christ. In Assyria, about 650 B.C., its intoxicating properties were noted.[44] Except for Herodotus' report that the Scythians used the smoke from burning hemp seeds for intoxication, the ancient Greeks seemed to be unaware of the psychoactive properties of cannabis. Dioscorides in the first century A.D. rendered an accurate morphologic description of the plant, but made no note of intoxicating properties. www.etext. p.29
Know and Exercise Your Rights

    The following information is intended as a brief summation of your constitutional rights and is meant to offer helpful hints at how to effectively assert and protect those rights within the context of a police encounter. Of course, this information is no substitute for consultation with an experienced attorney.

    The Fourth Amendment to the Bill of Rights of the United States Constitution states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    The Fifth Amendment reads, in part,

"No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...."

    These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices.

    If an officer violates your rights then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed.

1. Don't Leave Contraband in Plain View
    Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A "roach" in the ashtray, a pipe or baggie on the coffee table, or a joint being smoked in public are common mistakes which all too-frequently lead to arrests.

2. Never Consent
    Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you.

    If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you.

    An officer can obtain a search warrant only from a judge or magistrate and only upon a showing of "probable cause." Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search.

    There are exceptions to the search warrant requirement which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights.

    If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond:

"I do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone)."

3. Don't Answer Questions Without Your Attorney Present
    Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised.

4. Determining if You Can Leave
    You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, "Am I under arrest or otherwise detained?" If the answer is, "No," you may leave.

    An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon.

    When an officer attempts to contact or question you, you should politely say:

"I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone)."

    If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible.

5. Do Not Be Hostile; Do Not Physically Resist
    There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2.

6. Informing on Others
    The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one's own conscience.

    "Excercise Your Rights" courtesy of NORML

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