Hemp Popular Enough For Congress To Consider Legalization (Missouri And Kansas, Too) | KCUR

Hemp Popular Enough For Congress To Consider Legalization (Missouri And Kansas, Too)

Apr 16, 2018

Cannabinoid Creations founder Scott Leshman pours samples of his signature soda flavor, Cartoon Cereal Crunch, at his booth for the annual NoCo Hemp Exposition in Loveland, Colorado. It’s an ode to the breakfast cereal, Cap'n Crunch CrunchBerries, with a twist: It contains cannabidiol, also known as CBD oil.  

“Most people are used to having a soda or a drink of some sort and this is just a nice and easy delivery method,” Leshman says.

CBD is an oil extracted from hemp and while research is limited, it’s purported to have strong medicinal properties. Products like Leshman’s soda are used to treat a variety of ailments, including anxiety, pain and even seizures.

It’s one of the largest hemp-dedicated conferences in the country, where the majority of the more than 150 retailers sell CBD-infused foods, lotions and tinctures. A report by research-analyst company Brightfield Group expects the CBD market to reach $1 billion in the next five years.

The budding industry stands to gain from Senate Majority Leader Mitch McConnell’s new bipartisan bill, which was introduced Thursday. After 77 years of heavy federal restrictions, the Hemp Farming Act of 2018 would remove hemp from the federal-controlled substance list, remove banking restrictions and provide U.S. Department of Agriculture research funding.

It’s big news for Colorado, where more hemp is grown than in anywhere else in the U.S. It also impacts 33 other states that have passed legislation allowing for some form of hemp production, mainly in the form of research pilot programs. Kansas has sent a bill to the governor's desk to start a pilot program, and both the Missouri House and Senate have passed separate hemp measures that need to be worked out this year. 

Left Hand Hemp is one of several companies that produce building materials out of hemp, like this brick of "hempcrete."
Credit Esther Honig / Harvest Public Media

For retailers like Leshman, the possibility of a federal change is welcome, but not a game changer. He can already legally purchase CBD oil and distribute his products throughout the U.S.

“We have zero issue with how things are written at present so it doesn’t matter for us,” he says.  

It’s the hemp farmers that sell Leshman the CBD oil who are paying close attention.

A fourth-generation farmer, Ryan Loflin grows corn, wheat and alfalfa alongside 300 acres of hemp in Springfield, Colorado. He’s also something of a legend at the hemp expo: In 2013, Loflin was reportedly the first U.S. farmer in 57 years to successfully grow and process a commercial-scale industrial hemp crop.

He’s concerned about the possible details in McConnell’s bill, which isn’t yet available on the congressional website, and how it could impact farmers like him.

“[I] just had a little concern with what THC levels could be,” he says.  

Hemp is a cousin of marijuana and contains a miniscule amount of THC, the psychoactive component in weed. Existing law prohibits U.S. farmers from growing hemp with more than 0.3 percent THC. If tests show that a hemp crop is higher than that, the farmer is required by law to destroy it and bear the costs.

“We have to pay quite a bit to have the tests done every year,” Loflin says. “It’s money that comes already out of an empty pocket of most farmers.”

This rule isn’t expected to change under federal regulation. But farmers say controlling THC levels can be difficult.

The Colorado Department of Agriculture has heard from farmers who say extra sunlight and even higher altitudes can unintentionally cause a hemp crop to produce extra THC. Loflin says a threshold of at least 1 percent THC would give farmers more breathing room. 

A retailer shows off some hemp-based packaging.
Credit Esther Honig / Harvest Public Media

“We have to be careful with fertilizing our crops because we don’t want the THC to go up, but yet we want to grow the best crop we can possibly grow,” Loflin says. “We can’t because we have this crutch, or this limit on us, so to speak.”

Duane Sinning with the state agriculture department says controlling THC levels may be a challenge now, but only because the modern U.S. hemp industry is still in its infancy. He says new hemp varieties have already been developed that cannot produce more than the legal amount of THC.

“This won’t be an issue given enough time,” he says.

Many retailers and growers at the expo had a healthy level of optimism —with a dash of skepticism —about how fast Congress may act. Leshman says he’s not too concerned about the details in McConnell’s bill.

“Until something’s done there’s nothing for us to do,” he says.

As it’s done for the last five years, the U.S. hemp industry will continue growing — with or without federal permission.

This story has been corrected to update a last name. It is Ryan Loflin, not Loflyn.

Esther Honig is a Harvest Public Media reporter based at KUNC in Greeley, Colorado. Follow her on Twitter: @estherhonig