Montpelier-Legalization of industrial hemp is making its way through the Vermont House, Agriculture Committee as a number 2 priority; but last week, an age old tactic was thrown into the controversy as Vermont State Police, with the collaboration of the National Drug Enforcement Agency (DEA) "upped" the ante, touting fears that were effective in killing the issue in several other states.
Poultney Representative Fred Maslack, a farmers advocate, says the issue is one of agricultural economic development not drug use, in fact, Maslack says the move by the DEA was not only predictable, it was expected. "This is not the not only time the DEA and law enforcement in general has tried to shoot this balloon down," said Maslack in a recent telephone interview, adding the tactic has been used in state legislatures looking at the issue, including Colorado, Oregon and Kentucky.
"They turn the issue into one of narcotics, fear of illegal growing," said Maslack, quickly adding, "when the truth of the matter is there is very little "getting high" ingredient in the stuff farmers want to grow," he said, referring to the active ingredient tetra-hydrocannabinol (THC) that gives the user the wanted effect. "Illegal users want leaf and flower product while, in contrast, industrial growers want stalk and fiber," he said. explaining the difference.
The products capital potential has significant economic influence on the issue when emotional and ignorant fears are put aside. Europe has legalized the growth of industrial hemp and has turned the agricultural product into a multibillion dollar per year industry. Canada is growing the hemp on an experimental basis. "When farmers who have been making $30 some-odd-dollars per acre raising corn, can earn a minimal of $90 bucks an acre raising stalks of hemp, you'd better believe its worth looking at," said Maslack. The use of fiber made from the basically, inert hemp stalk is varied and it is that diversity in use that is making it a money making wave of the future for feed, textile, petroleum and many other needed products. Industrial hemp forms a tall, woody stem which is the basis for its value as a fiber source. Hemp grown for fiber typically grows 6 to 12 feet in height and is yielded in about 120 days (90 days if seeds are matured first) and takes little or no pesticides. Yields in England were reported to be (1995 figures from a three year study) 10 tons per hectare (ten metric tons per hectare equals 4.465 US tons per acre.); however, yields in Canada's one year growing study were less.
Quoted unit prices for dry defoliated stalks are priced at $60 to $125 dollars per metric tons by various sources (returns for separated fiber components could be significantly higher with top figures said to bring in $927 per acre for the farmer. The seed can be processed for oil and is also a very high protein feed which can net an additional $60 to $171 per acre (it is probably not reasonable to add the value of seed returns to fiber returns for the same enterprise since seed and fiber are not likely to be harvested at high yields from the same field). If the seeds are produced just for oil a farmer could yield 2000 lbs/acre at $.40 cents per lb. or $800 per acre, making industrial hemp a very lucrative product for Vermont Farmers to experiment with.
Police involvement Kentucky Governor's Task Force looked at the issue of legalizing the growth of industrial hemp last year but the proposed study never saw the legislative light of day as the plug was pulled when the report was finished. Maslack said the DEA was working behind scenes. According to Kentucky reports, the amount of oil produced from the seed of hemp is relatively great giving the potential for processing the oil for use in paints, plastics and even use in home heating. The Department of Public Safety testified in Montpelier this week and their position echoed that of the DEA. Even local television news reports dealing with the .testimony jokingly disseminated the information in a manner that smacked of politically correct journalism. The DEA position was the central part of any newscast. "What the news casts didn't tell you," Maslack said, "was the VT DEA representative may be guilty of infractions of the Hatch Act." Maslack was referring to the law that limits federal employees from lobbying for special interests.
At issue is a letter from DEA agent James J. Bradley sent to House Speaker Michael Obuchowski, dated January 26, 1996 and sent on United States Department of Justice letterhead stationary and was an obvious attempt to go over the .heads of the committee. The letter identifies James J. Bradley as the "one" charged with enforcement of the Federal Controlled Substance Act (CSA) in Vermont. He acknowledged that he was writing the letter in opposition of the possible legalizing of industrial hemp and that he was made aware of it from a Burlington Free Press article. Upon questioning in committee, Maslack asserts, "he admitted no one told him to send the letter and that a secretary did not type it for him," he said. Maslack has forwarded the letter and the issue to the federal prosecutors office for further action, if any.
The letter praised the farmers of the state while chastising those who are pushing this agenda. The letter sounded like a rallying call for the war on drugs as it said "...this effort to convince State Representatives and farmers that hemp would solve their problems is another smoke screen in the never ending battle by marijuana activists to legalize the drug. The letter went on to say Vermont is not the only state to be lobbied "....
California, Oregon, Kentucky, Louisiana, and Colorado" have all "defeated their effort". The letter went on to say, "The passing of such a bill without understanding the legal ramifications could put Vermont farmers in violation of federal drug laws which have severe penalties mandated. The committee was very well aware of the licensing guidelines according to Maslack who said, "we had been in contact with the Federal DEA for some time,"' he said, adding, "its the same old story of the left hand didn't know what the right hand was doing." Maslack showed a letter sent to the Chairman of the Agriculture Committee of the Colorado State Senate written by the DEA head of that state. The letter was uncommonly similar to the Bradley letter received by Speaker Obuchowsld. "It's an orchestrated campaign," said Maslack.
The DEA and Drug Watch International have been instrumental in spearheading the demise of any legislation to legalize industrial hemp in the United States. A letter from the Colorado Council for Industrial Hemp Development, in Colorado (CCIHD) explains that many of the laws the Bradley letter speaks about were developed to make production not cost effective. Thomas Ballanco, legal analyst for the CCIHD gives an example of that type of tactic. "The initial policy draft requires ten foot chain link fences surrounding the crop, but we are working on a compromise for certified low THC seeds." The Council letter told the VT committee members that they had the opportunity of hearing the DEA's arguments last year in Colorado and "their arguments are not persuasive after calm, careful analysis" the letter said. In Vermont though, the stakes are higher because up to 85% of all drug convictions and incarcerations are for marijuana use compared to 15% for hard drug use.
Maslack says the hemp issue is a number two priority this year in the House Agriculture Committee, second only to property tax issues. He feels a bill will make it out onto the house floor this year. However the committee will have to vote it out onto the floor by the cross-over deadline of February 23. That is when any bill still in committee will be held in limbo for lack of action as more legislatively important issues are debated on the floors of congress. Vice Chair Ruth Towne, (R-Befiin), who works a 400 acre dairy farm says "We will pursue this issue."