Pubdate: Mon, 11 Mar 2013
Source: Glasgow Daily Times (KY)
Copyright: 2013 Glasgow Daily Times
Contact:  http://www.glasgowdailytimes.com/
Details: http://www.mapinc.org/media/2078
Author: Ronnie Ellis, CNHI News Service
Page: A1

AG OPINION DOESN'T CLEAR UP HEMP DEBATE

FRANKFORT - An advisory opinion from Attorney General Jack Conway 
didn't do anything to clear up disagreements between Republican 
Agriculture Commissioner James Comer and Democratic Speaker of the 
House Greg Stumbo about legislating a "regulatory framework" to grow 
hemp in Kentucky.

Comer has pushed hard for a bill sponsored by Republican Sen. Paul 
Hornback, which would set up such a framework, including allowing 
Comer to issue permits to grown hemp in 10-acre or larger plots.

Comer and Hornback claim it could position Kentucky to be first in 
the nation to grow the crop if a federal ban is lifted, creating 
thousands of jobs and providing farmers a valuable alternative crop.

Kentucky State Police and most other law enforcement spokesmen oppose 
the bill because they say it will make it more difficult to deal with 
illegal marijuana cultivation and Stumbo and others scoff at the 
economic benefit claims by Comer and hemp supporters.

The bill easily passed the state Senate but it created controversy in 
the House Agriculture Committee the chairman of which, Rep. Tom 
McKee, D-Cynthiana - presumably with Stumbo's blessing - planned to 
amend the bill to call for further study.

But several committee members revolted, demanding a vote on 
Hornback's original bill which ultimately passed. McKee voted for it 
along with every other Democrat on the committee.

Subsequently Stumbo, who contends Kentucky law already allows the 
cultivation of hemp if the federal government lifts its ban, 
requested an opinion on that question from Conway.

Conway issued his opinion Thursday - and predictably both Comer and 
Stumbo each claims it sides with him.

Maybe each has a claim. Conway's ruling seemed to come down with a 
foot on either side of the fence.

It points out that current Kentucky law mandates that any change in 
the federal law be reflected in Kentucky laws and regulations - which 
would seem to support Stumbo's position.

"What (Conway) said was, that's right - if the federal government 
legalizes it then Kentucky automatically legalizes it." Stumbo said. 
"All you have to do is comply with whatever requirements the federal 
government has.'

But Conway's opinion goes on to say that if the federal ban on hemp 
is lifted but the federal government enacts no regulations on its 
cultivation, industrial hemp would essentially be unregulated in 
Kentucky - which would seem to support Comer.

Without Hornback's legislation, Comer said, "Achieving a waiver from 
the federal government to be the first state to grow hemp will be 
almost impossible because there will be no safeguards in place. Other 
states have already passed similar programs. If we don't act now, 
Speaker Stumbo will kill our chances to be first for these jobs."

Stumbo said the federal government will never allow hemp cultivation 
"without a (federal) regulatory framework. You can bet on that."

The bill went to the House Rules Committee Thursday where under House 
rules it can stay for a total of five days.

That means it could die there, because Thursday was the 26th day of 
the 30-day session.

Still Stumbo said there is still time to work out a compromise. But 
he also said any compromise he'd accept must address law enforcement concerns.
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MAP posted-by: Jay Bergstrom