Hemp Farming Coming To Alabama But Still Months Away
December 17, 2018
A display about products made from hemp that was shown at the Alabama State House in 2016 when lawmakers passed a bill authorizing research on growing hemp for industrial uses. (Mike Cason | mcason@al.com)
Alabamians should be able to grow and process hemp as an agricultural commodity because of the farm bill approved by Congress last week, but there are still governmental hurdles ahead before they can get started.
The Alabama Department of Agriculture and Industries will work with the federal government, the governor’s office, law enforcement and others in developing a plan to authorize hemp farming and processing in the wake of the decision by Congress.
Agriculture Commissioner John McMillan said it will take months to get the regulatory framework approved but said there’s strong interest and potential for hemp as a cash crop.
“Without a doubt this opens the door for I think great potential for our producers in Alabama to add another cash crop to their options,” McMillan said. The commissioner said hemp farming on a significant scale probably can’t happen in Alabama before the 2020 growing season.
On Dec. 12, Congress passed the 2018 Agriculture and Nutrition Act, usually called the farm bill. The law, which still awaited President Trump’s signature on Monday, changes the legal status of hemp from a controlled substance to an agricultural commodity.
Hemp is related to the marijuana plant. But hemp contains far smaller amounts of THC, the intoxicating substance in marijuana, and is valued for the use of its fiber. Hemp stalks and hemp seeds are used to make a wide array of products, including fabric, fiber board, carpeting, insulation, livestock feed and automobile components such as door panels and insulation.
McMillan said the reclassification of hemp was widely expected in the agriculture community, partly because Senate Majority Leader Mitch McConnell supported the change because of the industry’s potential in his home state of Kentucky.
The commissioner expects the federal government to require states to submit a regulatory plan that passes muster with law enforcement.
“Even though the farm bill makes it a commodity, it’s still different from these other commodities because of the illegal potential,” McMillan said. “So, we anticipate for sure that the Board of Agriculture is going to require us to have the known locations where it’s being grown, testing procedures to be sure it’s legal, and then procedures on how it will be disposed of if the tests determine it’s not legal.”
Federal law had previously allowed states to authorize research on hemp farming and the Alabama Legislature passed a bill to do so in 2016. McMillan said no hemp is being grown in Alabama as part of such a research project because of the long process of getting regulations approved by the federal government. But he said that process is finished and should be applicable to creating a regulatory framework for hemp production under the new authorization in the farm bill.
McMillan said he has recommended to the staff of Gov. Kay Ivey that the governor put together a working group or task force to make sure Agriculture & Industries, law enforcement and other agencies and groups have a part in crafting a uniform state plan.
Hemp is also a source for cannabidiol, a substance some people take to as a treatment for physical ailments. Cannabidiol can also be derived from marijuana and the Alabama Legislature has carved out limited exceptions to the law against marijuana possession for the use of cannabidiol.
Last week, Alabama Attorney General Steve Marshall put out an updated public notice on the legal status of cannabidiol in the wake of the farm bill and the change in the designation of hemp by Congress.
McMillan said he expects a request to the Legislature for additional funding and resources to administer a hemp program.
McMillan is completing his second term as agriculture commissioner and will take office as state treasurer in January. McMillan said incoming Commissioner Rick Pate will be up to speed on the hemp program and said he does not expect the changeover to delay the process.