The Right & Wrong Way To Legalize Hemp In Kansas

It is hard to understand how Kansas, a land of beautiful prairies and the nation’s third highest number of agricultural acreage, is one of the last states to end prohibition of industrial hemp.

Thirty-four states have now passed hemp legislation including New York state.

In fact, Governor Cuomo recently earmarked over $2.6 million for a hemp processing plant and seed certification program, and wants to make New York state a national leader in hemp production.

With China and Korea leading the world in hemp production, Russia now the world’s largest exporter of wheat and other nations increasing grain production, the U.S. is no longer the world’s only agricultural superpower. Hemp provides for over 50,000 products spanning across 10 different industries. My coalition, Kansans for Hemp, has conducted community forums across the state and continues to hear that farmers need the Kansas Senate Agriculture and Natural Resources Committee to allow hemp legalization bill HB 2182 to have a hearing, dropping any proposed legislation that leaves farmers out. Research was already conducted at Kansas State University during the 1970s, now it is up to Kansas lawmakers to not “research out the farmers” as some lawmakers have proposed.

WILL FARMERS GROW HEMP IN KANSAS? A TALE OF TWO HEMP BILLS

Given the low prices for wheat, corn and soybeans, Kansas farmers desperately need a more profitable alternative. Because of low prices, farmers have to increase yields per acre to break even or make a small profit. Increased supplies of grain put downward pressure on prices, and we have a vicious economic cycle that farmers cannot escape — unless they have the economic freedom to diversify commodities and grow a more profitable crop.

Hemp Field In Summer

A dense field of green bamboo-like industrial hemp stalks grows tall in the summer sunshine. Industrial hemp can be harvested for thousands of uses.

The people of America’s Heartland know good public policy is made through input from many stakeholders, so when introducing a new commodity offering as much opportunity as hemp does it makes sense why the number of those involved increases. In 2017, two hemp bills were introduced and as with most revenue-generating issues, there are now multiple influences attempting to guide the outcome.

One hemp bill (HB 2209) was introduced which only allows universities the ability to cultivate hemp for research purposes, it never had a hearing. The second bill (HB 2182) is closely modeled after laws in Tennessee and Kentucky. It was passed out of committee and passed the House floor by a vote of 103-18. The house bill was then sent to the Senate Ag committee, however the Chairman (Sen. Kerschen) chose not to deal with it because of how late it was in the session. The state lobbyist and Kansans for Hemp were told there would be a hearing in 2018.

The first day of 2018 session, Chairman Kerschen instead introduced a Senate version of HB 2209, titled SB 263. To be clear, both SB 263/HB 2209 are limited, watered down legislation that is in fact not in compliance with the 2014 Farm Bill, Sec 7606, the landmark federal legislation which re-legalized hemp in the U.S. HB 2209 also cuts out farmers completely as it leaves out crucial details of any licensing administration processes, and excludes other entities like technical and community colleges from doing research.

A source told us that there has been a pledge of money from the representative who introduced the House version, to help with the research (which seems unethical). Chairman Kerschen is ignoring HB 2182, including the 103 votes from the House, and held a two-day hearing on SB 263 which again is not what we have continuously heard that Kansas communities want or need.

KANSAS LAWMAKERS MUST STUDY OTHER STATES’ HEMP LAWS

Kansas needs to look no further than across the western border into Colorado to see there is room for all when it comes to this rapidly expanding industry.

Hemp Harvest

A farmer harvests hemp with a tractor under a cloudy sky. Legal hemp in Kansas must allow for growing by everyday farmers, not just academic institutions.

However, contrary to what some organizations claim additional, exclusive research is not necessary under the 2014 Farm Bill. Pilot programs which are open to farmers (like HB 2182 establishes) are approved under a state’s department of agriculture, and do not require oversight from any other agency, including law enforcement.

By contrast, bills like SB 263 completely take farmers out of the equation which will not only yield inaccurate or non-comprehensive research conclusions, but distrust will come from farmers who will continue to not be allowed to gain crucial experience necessary to understand best methods for propagating, cultivating, and harvesting industrial hemp.

Lawmakers could also look to the restrictive hemp laws in Virginia for an instructive example of what not to do. As reported in January by Marijuana Business Daily, laws in that state make it impossible to profit from hemp growing, and as a result interest in the crop has languished, with just 100 acres grown in 2017.

“We’re way behind the ball,” Virginia farmer Graham Redfern complained to Marijuana Business Daily’s Kristen Nichols.

LEGAL HEMP IN KANSAS OFFERS HOPE FOR FARMERS

With downward trends in markets, our rural and frontier communities need support now more than ever. Hemp is a perfect opportunity where they are willing to collaborate with the state and other entities on something that is new and exciting.

Research and production must be happening simultaneously, because how we move forward as contributing leaders is through both innovation and practical application. Kansans are known for dreaming big, but we cannot allow our own fears or the stories we tell ourselves guide decisions that negatively impact our children and grandchildren’s futures.

In 1863, Kansas was the number one producer in the nation of bushels per acre of industrial hemp. Now is the time to be courageous and give this legacy crop back to Kansas farmers, and help contribute to the nation’s largest developing industry. On February 1, 2018, SB 263 passed out of committee with amendments to the full Senate. It has yet to be determined if farmers will be included in a Kansas industrial hemp program.

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