‘Rhode Island Gov. Gina Raimondo has signed a bill legalizing the production and processing of industrial hemp for commercial purposes in the state, setting the foundation to nullify federal prohibition in practice.
A coalition of five Democrats introduced House Bill 8232 (H8232) on May 19. As introduced, the legislation would have only allowed state-licensed representatives of the Narragansett Indian Tribe to produce, possess, distribute, and commercially trade industrial hemp. In a rapid series of events, the bill was amended in the House Committee of Health Education and Welfare to apply to everybody.
Under the law, industrial hemp is now treated as an agricultural crop subject to regulation by the Rhode Island Department of Business Regulation. The legislation reads in part:
“Hemp is an agricultural product which may be grown as a crop, produced, possessed, distributed, and commercially traded pursuant to the provisions of this chapter…The department shall adopt rules to provide for the implementation of this chapter, which shall include rules to require hemp to be tested during growth for THC levels and to require inspection of hemp during sowing, growing season, harvest, storage, and processing.”
The law prohibits the Department of Business Regulation from adopting any rules that would prohibit a person or entity from growing or distributing hemp based on the legal status of hemp under federal law. Language in the bill acknowledges federal prohibition on hemp, but correctly asserts the state can legally dictate its own policy notwithstanding federal law.
“States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.”
FEDERAL FARM BILL
Early in 2014, President Barack Obama signed a new farm bill into law, which included a provision allowing a handful of states to begin limited research programs growing hemp. The “hemp amendment”
…allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oil-seed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under state law.
In short, current federal law authorizes the farming of hemp – by research institutions only, for research only. Farming for commercial purposes by individuals and businesses remains prohibited. The new Rhode Island law ignores federal prohibition and authorizes commercial farming and production anyway.‘