Hemp fans claim Oregon rules need update
SALEM — Farm regulators in Oregon are on the verge of enacting regulations for growing hemp that some proponents of the crop claim are already outdated.
The Oregon Department of Agriculture has been developing rules for industrial hemp since state lawmakers legalized its production in 2009 and the regulations are set to become effective in early February.
Supporters of hemp production testified in favor of implementing the rules during a Jan. 6 hearing in Salem but they said new legislation will be necessary to amend the industrial hemp law in light of recent changes, such as Oregon’s legalization of recreational marijuana.
Hemp is the same species as marijuana but contains much less of the psychoactive compound tetrahydrocannabinol, or THC. However, both remain illegal under federal law.
The main problem identified by hemp proponents is that Oregon law does not allow its seed to be used for anything but planting new crops, whereas seed oil for cosmetic and health food products is a highly lucrative component of hemp.
“You can’t leave the seed out of the mix,” said Jerry Norton of Salem, who plans to grow hemp and recruit other farmers to cultivate it.
Using hemp purely for its fiber — a raw material for textiles and other products — would generate much less profit, said Tim Pate, a hemp supporter from Portland.
“We are shooting ourselves in the foot,” he said. “We need to solve the seed problem.”
Limiting the use of hemp seeds for planting also doesn’t make sense due to advances in asexual reproduction methods, such as tissue culture propagation, said David Seber, who owns the Hemp Shield wood sealant company.
“There’s no reason to even deal with seed if one doesn’t want to anymore,” he said.
Provisions in the hemp rules that require the crop to contain less than 0.3 percent THC also lack purpose now that marijuana containing higher levels of the chemical will become legal in 2015, said Doug Fine, a hemp researcher from Mimbres, N.M.
“We’re in a different era now than when the regs were conceived,” he said. “There’s no reason for the belligerent, fearful tone.”
Farmers in Canada and Kentucky are eager to bolster their agricultural economies with hemp, so Oregon should not fall behind with inflexible rules, Fine said.
“Every state is going to take its own path,” he said. “We can’t wait one second to let Oregon farmers grow seed.”
Apart from geographic competition, biotech companies may take beneficial genetic traits from hemp and insert them into plants that aren’t as strictly regulated, said David Seber of Hemp Shield.
The Oregon Department of Agriculture initially approached the hemp rules with a “fat, dumb and happy” approach, planning to allow seeds to be used for multiple purposes other than planting, said Ron Pence, operations manager of the agency’s commodity inspection program.
However, attorneys with the Oregon Department of Justice interpreted the state law as prohibiting seed for any other uses, he said. “That’s the way the statute is written.”
Similarly, the 0.3 percent THC limit and other provisions were enacted by the state legislature and cannot be overruled by ODA, Pence said.
Even so, it’s likely that hemp supporter state Sen. Floyd Prozanski, D-Eugene, will push to revise the law in the upcoming legislative session, Pence said. “I would expect changes to be made to the statute.”
ODA does not have an official agreement with the federal government to develop rules for hemp, but its goal has been to create rules that will be tolerated by federal officials, Pence said.
The agency is discussing the possibility of obtaining a permit from the U.S. Drug Enforcement Administration to import hemp seeds from abroad, he said.
While it’s likely aspiring hemp growers already have available seed supplies, ODA’s regulations require them to disclose their source, Pence said.
Jerry Norton said he’s working with Oregon State University to get permission from DEA to bring in a low-THC variety of hemp seeds from Canada in time to plant this spring.
He also hopes the Oregon Legislature will clarify the law to allow the sale of hemp seeds for multiple uses.
“We’ve got to know what we can do with it after we grow it,” Norton said.