Archive for October 27th, 2009

by jhwygirl

Montana Agriculture Department has issued the state’s first industrial hemp production license – the first since approving it into law in 2001.

Federal Law requires a special permit to grow hemp.

Laura Murphy, who works for a Bozeman medical marijuana business, plans to lease some land near Ennis and grow the crop. She has no intent of obtaining the federal permit.

Interestingly, last week the Obama administration announced a new no-prosecute policy towards medical marijuana in states where medical marijuana has been made legal.

Clearly there are some significant distinctions between hemp and medical marijuana. Hemp has thousands of beneficial uses – medical marijuana, on the other hand, is a waste if you don’t put it up in smoke, so to speak.

It’s an interesting case on state’s rights, though – Montana even reaffirmed its committment towards industrialized hemp this past legislative session when it passed a joint resolution urging congress to legalized the production of hemp.

Both of those bills, btw – the 2001 law and the 2009 resolution – had overwhelming support in both the house and the senate.

Will the Obama administration take the same hand with hemp as it plans with medical marijuana?

I also ponder the parallels of this issue another 2009 legislative session law, Rep. Joel Boniek’s HB246, a bill to exempt Montana-made firearms and ammunition from commerce clause.

Disclosure: I am not fan of Rep. Joel Boniek.

Now – aside from the sheer lunacy of a state writing into law (or a legislator voting for, or a governor signing into law) a bill that is simply titled “AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; AND PROVIDING AN APPLICABILITY DATE,” the bill was intended to directly challenge state’s rights via the every powerful-and-easy-to-scare-up-tons-of-both-press-and-cash on media magnet: Guns.

Exempting from federal regulation? Under the Constitution of the United States? Really? How do you take an oath of office to uphold the laws of Montana and the United States….oh, never mind.

2001’s hemp law, on the other hand, took the approach of not only legislating an affirmative defense for anyone who obtains the state’s hemp-growing license, it requires the state to petition the federal government for a change or waiver.

As the Missoulian article points out, the state did apply in 2002 to the feds for recognition of the (then new) state law. Montana was denied. The Ag Department is currently considering whether to reapply now that they have issued a license – but points out it will administer the law.

Maybe our delegation should step in here and ask for a statement from the Administration regarding hemp production? Given it not only had overwhelming support, that support in Montana has been long and was just recently reaffirmed.

Advertisements



  • Pages

  • Recent Comments

    Miles on A New Shelter for Vets or an E…
    success rate for In… on Thirty years ago ARCO killed A…
    Warrior for the Lord on The Dark Side of Colorado
    Linda Kelley-Miller on The Dark Side of Colorado
    Dan on A New Shelter for Vets or an E…
    Former Prosecutor Se… on Former Chief Deputy County Att…
    JediPeaceFrog on Montana AG Tim Fox and US Rep.…
  • Recent Posts

  • Blog Stats

    • 1,672,560 hits
  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 2,737 other followers

  • October 2009
    S M T W T F S
    « Sep   Nov »
     123
    45678910
    11121314151617
    18192021222324
    25262728293031
  • Categories