Understanding Connecticut’s Pending Hemp Legalization Act

By Scott Gacek
Source: thedailychronic.net

HARTFORD, CT — Last month, lawmakers in Connecticut passed a little known bill without much fanfare or opposition to legalize the cultivation of industrial hemp in the state, but there seems to be a lot of confusion as to what the bill actually does.

That bill, House Bill 5780, awaits the signature of Governor Dannel Malloy, who has until the end of this week to sign or veto the bill, or it becomes law automatically.  Under Connecticut law, the Governor has five days to sign a bill into law, unless the legislature has adjourned for the session.  Because the Connecticut legislature adjourned on June 3, the Governor has 15 days, excluding Sundays, to sign or veto the bill.  The bill was transmitted to the Governor on June 18.

The bill, which makes a minor change to the definition of cannabis in the state, has received little media attention, and unfortunately most of the coverage of the bill has been incorrect.  At least two blogs have proclaimed that the bill “legalizes unlimited, unlicensed hemp cultivation” in the state, but that is not accurate.

As passed and enacted, House Bill 5780 simply adds the following language to the exclusions of what is defined as “marijuana” in the state:

“or industrial hemp, as defined in 7 USC 5940, as amended from time to time.”

To fully understand what that small sentence means, one needs to look beyond the bill text.  A legislative analysis of the bill, posted here, explains further:

“This bill legalizes industrial hemp by removing it from the state “marijuana” and “cannabis-type substances” definitions, thereby removing its status as a controlled substance. Thus, the bill allows industrial hemp to be grown, used, and sold under state law.”

The analysis of the bill further explains:

“Under the Agricultural Act of 2014, an institution of higher education or state agriculture department may grow or cultivate industrial hemp under a pilot program or other research programs that meet certain conditions, if allowed under state law (7 USC § 5940).”

In other words, lawmakers in Connecticut have authorized industrial hemp cultivation in the state under current federal guidelines.  Those guidelines state that an “institution of higher education” or “State department of agriculture” can grow and cultivate industrial hemp, but only under certain conditions.  Those conditions are:

• the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and
• the growing or cultivating of industrial hemp is allowed under the laws of the State in which such institution of higher education or State department of agriculture is located and such research occurs.

The federal guidelines further define what constitutes an “agricultural pilot program” by requiring that:

• only institutions of higher education and State departments of agriculture are used to grow or cultivate industrial hemp
• sites used for growing or cultivating industrial hemp in a State be certified by, and registered with, the State department of agriculture

So what does this all mean?  Essentially, House Bill 5780 simply brings the state’s definition of industrial hemp in line with the federal government’s definition, and prevents any further legislative action by the state to re-define “hemp” if and when the federal government redefines industrial hemp or relaxes restrictions on the cultivation of the crop.  By redefining industrial hemp under state law, lawmakers in Connecticut are complying with federal regulations.  Once the bill is enacted, the Connecticut Department of Agriculture will be allowed to licence agriculture and research pilot programs in accordance with the federal guidelines that are outlined in 7 USC § 5940.

In other words, unlimited, unlicensed hemp cultivation is not permitted in Connecticut.  But if the federal government ever changes 7 USC § 5940 to allow unlimited, unlicensed hemp cultivation in states that have aligned their laws with federal guidelines, it will be.