New York Lawmakers Send Governor Bill To Allow Hemp Seeds In Food For Pets, Horses And Llamas

The New York legislature has sent a pair of bills to the governor that would allow hemp seeds to be included in animal feed for pets, horses and camelids such as llamas and alpacas.

About five months after the Assembly and Senate passed the legislation from Assemblymember Donna Lupardo (D) and Sen. Michelle Hinchey (D), the identical versions from each chamber were transmitted to Gov. Kathy Hochul (D) on Wednesday.

The measures specify that industrial hemp seed that could be added to certain animal feed includes seed hulls and seed meal. Supporters say that the cannabis products could be a nutritious additive that’s high in protein and fiber.

“Industrial hemp produces a wide range of useful materials, including building materials, fibers that can be woven into clothing, chaff for animal bedding, and seeds that are available on grocery store shelves in items [like] granola, snack bars, and cookies,” a justification memo attached to the legislation says. “Industrial hemp is federally approved for each of these uses.”

“Only the seeds of the industrial hemp plant, including shell casings and seed meal resulting from processing hemp hearts for human consumption, would be authorized for use in animal feed,” it continues. “Studies indicate that industrial hemp seed provides a high protein, high fiber ingredient for animal consumption.”

The legislation, which is similar to measures that have been enacted in Montana and Pennsylvania, is backed by the National Hemp Association.

“Protecting industrial hemp production in New York will encourage greater production and research into the myriad uses of this plant, including as a renewable building material,” the text says. “It will also open the door for small, New York-based animal food processors to establish this marketplace before hemp seeds are authorized far use in commercial feed nationally.”

A fiscal note says that the legislation could ultimately increase tax revenue for the state because of “increased sales of New York hemp seed product and commercial feed.”

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Court Brief Slams DEA’s ‘Indefensible’ Rationale For Firing Agent Over Positive THC Test Attributed To CBD Hemp Product

The Drug Enforcement Administration (DEA) fired a former agent based on an “unjustifiable, unlawful, and inexplicable” rationale after he tested positive for THC after using CBD products that were marketed as being derived from federally legal hemp, an attorney argued in a new brief in a federal court case challenging the removal.

Anthony Armour—described by DEA itself as an “outstanding” special agent during his 16-year tenure—was terminated in 2019 following a random drug screening that revealed traces of THC metabolites. He admitted to taking CBD for chronic pain as an opioid alternative—and he turned over the products he believed to be federally legal under the 2018 Farm Bill—but DEA upheld his firing even upon appeal.

In a brief submitted to the U.S. Court of Appeals for the Federal Circuit this week, the former DEA agent’s attorney, Matt Zorn, challenged a series of arguments from the agency, asserting that it relied on “undeniably flawed evidence” to support its claim that Armour unlawfully used marijuana by consuming a CBD product he believed to be within the federal definition of legal hemp.

“This is all indefensible enough. But [DEA’s response] disturbingly sheds new light on how an outstanding DEA agent landed a draconian punishment for an unintentional act,” the brief says. “Deep in the Response, the government notes that DEA intended to remove Armour regardless of his intent, outstanding service, and remorse. DEA would have removed Armour from federal service even if he were just negligent in purchasing CBD products.

“DEA could have charged Armour whatever it wanted under its guidelines. Likewise, it can fashion whatever drug policy it desires,” it says. “But DEA put Armour on a pedestal and charged him with use/possession of marijuana and never proved the charge. Instead, it took unjustifiable, unlawful, and inexplicable shortcuts.”

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USDA Says Genetically Modified Hemp Plant ‘May Be Safely Grown And Bred’ In The United States

A hemp plant genetically engineered to produce lower levels of the cannabinoids THC and cannabichromene (CBC) “may be safely grown and bred in the United States,” the U.S. Department of Agriculture (USDA) has announced.

The hemp plant was genetically modified and submitted for review by Growing Together Research, a biotechnology firm headquartered in Fort Wayne, Indiana. The company announced earlier this year that it had achieved “the first known stable transformation and regeneration of multiple THC-free hemp cultivars” and in June announced it would work to increase THC production in cannabis plants.

“We reviewed the modified hemp plant to determine whether it posed an increased plant pest risk as compared to cultivated hemp,” USDA’s Animal and Plant Health Inspection Service (APHIS) said in a notice last week. “APHIS found this modified hemp is unlikely to pose an increased plant pest risk compared to other cultivated hemp.”

It its request for the USDA review, Growing Together Research said the changes are intended to make the engineered plants free of THC and CBC and also boost resistance to the herbicide bialaphos. It says genes in the new hemp plants came from multiple donor organisms, including plants, bacteria, a virus and at least one artificial sequence.

The company said in the request that it believes the intended resistance to the herbicide “is not expected to result in any other material changes to metabolism, physiology or development of the plant.”

The APHIS review focused on whether the new hemp plant poses a “plant pest risk.” The process, according to the agency, “examines the plant pests and diseases that are known to be associated with a commodity, identifies those pests that are likely to remain on the commodity upon importation into the United States, and evaluates the mitigations that may be required to avoid, reduce, or eliminate the risk of pest introduction into the United States.”

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With Oklahoma’s Hemp Production ‘Way Down,’ Lawmakers Consider Benefits Of Expansion

Oklahoma legislators are studying whether industrial hemp production would benefit rural development in the state.

Growing hemp became legal in Oklahoma after Congress passed the 2018 Farm Bill, which removed industrial hemp from the Controlled Substances Act’s classification of marijuana and declassified hemp as a Schedule I narcotic.

While there was a lot of initial interest in 2018, Oklahoma has seen a decline in interest from potential growers since then, according to Kenny Naylor, the director of Consumer Affairs for the Oklahoma Department of Agriculture.

“Unfortunately our numbers have gone way down,” Naylor told the Senate Agriculture and Rural Affairs Committee Monday. “In 2018, everybody wanted to grow hemp.”

As of this year, Oklahoma has 21 licensed hemp growers and 22 licensed hemp processors.

Aside from a saturation of the CBD market and limited processing ability, which have both cooled the interest in growing hemp, according to Naylor, other factors were a matter of bad timing.

“I think COVID-19 hit right at the wrong time and shut everything down, and that definitely caused problems,” said Naylor. “And then for Oklahoma specifically, people switched to marijuana.”

It was initially cheaper to get licensed to grow medical marijuana, though Naylor said he doesn’t believe that is the case anymore.

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USDA Releases New Hemp Handbook As Agency Works To Rebuild A Post-Prohibition Seed Bank

As the U.S. Department of Agriculture (USDA) works to rebuild a government seed bank for hemp that was destroyed during prohibition, the agency is issuing updated guidance on how to identify, describe and evaluate different varieties of the plant.

USDA’s latest version of its Hemp Descriptor and Phenotyping Handbook, released earlier this summer, is the agency’s deepest dive yet into the different forms and qualities of hemp. Intended to help researchers better differentiate between hemp varieties, the new document includes all sorts of details on the morphology, yield, cannabinoid content, oil production, seed viability, fiber quality, pathogen resistance and various other traits.

The eventual goal is to allow users of the genetic repository, including hemp scientists and breeders, to more fully understand the range of hemp varieties and and select them for various applications.

As USDA puts it, “Robust, reliable and high-dimensional data generated from these phenotyping efforts will empower conservation of hemp genetic diversity and aid selection of materials with unique trait combinations for breeding programs.”

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Virginia Cracks Down On Intoxicating Hemp Products With Enforcement And Fines

Several Virginia businesses have been hit with five-figure fines this month as state officials start enforcing stricter new rules on the contents and labeling of hemp products to try to crack down on alternatives to marijuana.

The Virginia Department of Agriculture and Consumer Services had sent five non-compliance letters as of July 24, assessing penalties ranging from $13,000 to $97,500, according to the agency. The letters, sent under a new civil penalty structure that took effect July 1, give the business owners an opportunity to pay a reduced fine of $10,000 if they agree to bring their stores into compliance and meet other conditions.

The largest fine so far was sent to a store in Southwest Virginia’s Gate City called Tobacco Discount. Of 36 impermissible products that VDACS inspectors said they found, 27 had a concentration of intoxicating THC above the 0.3 percent legal limit, agency records show. Others contained synthetic forms of THC or had labels that bore a “significant likeness” to mainstream snack brands, particularly cereal bars with names like “Lucky Marshmellow” and “Berry Crunch.” Many of the products tested were gummies and cereal bars labeled as containing delta-8, a hemp-derived compound that can produce a high similar to marijuana.

Inspectors reported finding a total of 26 violations at the business, ranging from paperwork, labeling and ingredient problems to “a heavy accumulation of dead insects and insect fragments” in some areas of the store.The total fines assessed on the business added up to $97,500.

“If the same violations are cited in a future inspection, the assessed civil penalties will increase,” VDACS said in the letters detailing the new enforcement system.

Tobacco Discount did not respond to multiple requests for comment sent to email addresses and a phone number listed in the state inspection paperwork.

The hemp/THC legislation was one of the more complex and contentious bills the General Assembly passed this year, drawing strong opposition from critics who said the proposal was overly punitive and could threaten Virginia’s entire hemp industry.

“This is just going way over the top, as we warned everyone,” said Jason Amatucci, president of the Virginia Hemp Coalition. “They’re fining people and they’re being very aggressive about it.”

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Delta-8 THC crackdown limits Virginia’s hemp industry

Delta-8 THC is a federally legal way to get high. But now, Virginia’s attorney general is cracking down on Delta-8 THC sales citing health concerns for children. That leaves some of the state’s hemp businesses looking to move out and some are taking their jobs with them.

Some residents of Hillsville, in Carroll County, Virginia, call the town “land wealthy, but limited in income.” Travis Wagoner, who grew up there, hoped to turn things around. He began growing one of the oldest crops known: hemp. He opened a shop specializing in hemp products, Virginia Cultivars.

“We went from having 17 employees working 50 hours a week to less than 10 employees working 30 hours a week,” said Wagoner.

An acre of hemp, nestled in the hill country is where Virginia Cultivars’ products start. Hemp is known for its extremely low levels of THC, a compound that produces a high. Wagoner chemically alters the hemp to create a new form of THC known as Delta-8, which is stronger and legal under the 2018 Federal Farm Bill.

The Delta-8 is infused into products, such as edibles, intended for adults. But now, it’s made its way into copycat items, from unknown manufacturers, that look like popularly branded candies and snacks.

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Hemp farmers forced to destroy crops over USDA rules

Hemp farmers across Tennessee are having to destroy their hemp crop that tested over the new federal THC limit.

The USDA made a ruling in 2021 that all hemp must have a total THC level of 0.3%. Before that decision, hemp farmers needed to keep the levels of Delta-9 THC below 0.3%. The new rules apply to numerous other compounds in the plant.

According to the Department of Agriculture, 42% of crops are being found non-compliant with the requirement.

About half the crop at Nashland Farms, a Middle Tennessee hemp operation, was found to be over the limit. The farm grows hemp for its CBD.

Seth Fuller, co-owner of Nashland Farms, said it means many thousands of dollars lost.

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