Pubdate: Tue, 09 Apr 2013
Source: Daily Independent (Ashland, KY)
Copyright: 2013 The Daily Independent, Inc.
Contact:  http://www.dailyindependent.com/
Details: http://www.mapinc.org/media/1573
Page: A6

CROP STILL BANNED

New Industrial Hemp Law May Have No Impact in State

Gov. Steve Beshear listened to both proponents and opponents of a 
bill that could pave the way toward a return to the time when 
industrial hemp was a major cash crop in Kentucky - and opted to take 
a middle ground, the path of the least political resistance. Ignoring 
pleas from different constituencies to sign Senate Bill 50 and to 
veto it, the governor chose the third option: He allowed the bill to 
become law without his signature.

That's an option always available to governors, of course, but one 
that is rarely used, especially on a bill that has gathered as much 
public attention as SB 50 did. After all, governors love to bask in 
the publicity that comes with the signing of a major bill into law. 
And by doing nothing, Beshear runs the risk of appearing to be wishy-washy.

So now that the industrial hemp bill will become law on May 17, what 
will it mean for Kentucky? Maybe not much.

While the bill sets up the mechanism for licensing Kentucky farmers 
to grow industrial hemp, the crop is still banned by federal law, and 
federal law trumps state law. Until Congress moves to lift the ban on 
industrial hemp, the Kentucky General Assembly's approval of the 
banned crop will have no more impact than voters in Colorado and 
Washington approving the legalization of marijuana. Despite the votes 
in those two states, raising and using marijuana is still against the 
law in all 50 states.

But just as the votes in Colorado and Washington reflect changing 
public attitudes regarding pot, the General Assembly's approval of 
the industrial hemp bill indicates changing attitudes about hemp. 
Public attitudes in Kentucky have come a long way since the late 
Gatewood Galbraith, a perennial candidate for governor and other 
statewide offices who never came close to being elected. Galbraith 
was just about the only candidate promoting hemp and actor Woody 
Harrellson was widely criticized during his visits to Kentucky 
promoting hemp as a cash crop.

Of course, both Galbraith and Harrellson were widely thought to be 
more interested in promoting marijuana than hemp. Not so Kentucky 
Agriculture Commissioner Jamie Comer, a farmer and a former 
Republican state representative, who openly campaigned for the 
legalization of industrial hemp in becoming the only Republican to 
win statewide office in 2011. Comer was the driving force behind HB 
50. His efforts picked up steam with the support of U.S. Sen. Rand 
Paul, U.S. Sen. Mitch McConnell, U.S. Reps. John Yarmuth, D-3rd, and 
Thomas Massie, R-4th, and such influential organizations as the 
Kentucky Farm Bureau and the Kentucky Chamber of Commerce.

Proponents say industrial hemp, which can be used to make everything 
from paper to clothing, will become a major cash crop in Kentucky, 
just as it was before being banned by the federal government. With 
McConnell's support, Paul has filed a bill to lift the federal ban on 
industrial hemp. That's essential for HB 50 to have any impact in Kentucky.

However, opponents of SB 50, led by the Kentucky State Police, 
contend it is difficult to distinguish industrial hemp from 
marijuana, and farmers will be growing pot in their hemp fields. In 
fact, some opponents seem convinced that SB 50 is just a ruse by 
marijuana advocates to make it easier to grow pot in a state where 
some contend it already is the number one cash crop.

In announcing he will allow SB 50 to become law without his 
signature, Beshear said, "I strongly support efforts to create legal 
cash crops for our farmers." Comer says the law is necessary because 
it creates a "regulatory framework" to license and monitor hemp 
cultivation when and if the federal government relaxes or removes the ban.

What the law does is send a message to Congress that Kentucky 
supports legalization of industrial hemp. But unless Congress lifts 
the hemp ban, that's the only thing SB 50 will accomplish.

Some think HB50 is one of the most important laws approved by the 
2013 General Assembly, but in the words of William Shakespeare, it 
could all prove to be much ado about nothing.
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MAP posted-by: Jay Bergstrom