If Hemp Is So Great, Why Is It Still Illegal To Grow In America?

By Rosie Dalton
Source: wellmadeclothes.com

I was in the United States recently when recreational marijuana was legalised in the state of Nevada, making it the fifth state to do so. And yet it is still illegal to grow industrial hemp – which can be used for clothing, as well as building materials and paper goods – in America. This is despite the fact that hemp is one of the oldest domesticated crops in the world and has also been touted as one of the most sustainable. So what is the rationale behind this illegality, then? As a big champion of the fibre, Patagonia notes that the fibre’s bad rap mostly comes down to the fact that government agencies still associate it with the drug marijuana. Which is why so many activists, businesses and farmers have been working hard to address this issue of late.

According to The Cannabist, all forms of Cannabis sativa L., which includes hemp, have been classified as a Schedule I drug under the Controlled Substances Act in America since 1970. “Past legislative attempts to remove hemp from the CSA — six bills in the House and three in the Senate since 2005 — all died in committees without a floor vote.” The one silver lining here, though, is that the Industrial Hemp Farming Act has returned for its seventh iteration in the House, which means that it could now finally get over the line in the United States. And this would represent major positive change for the fashion industry as a whole.

Although it is currently legal to grow industrial hemp in countries like Australia, Great Britain and Spain, America’s unwillingness to budge on the issue means that the fibre is still dogged by stigma surrounding its THC-laden cousin marijuana. And this distinction is pretty important. According to Michael Lewis, founder of non-profit organisation Growing Warriors, “the cannabis plant can produce a sundry of products that are fuel, feed, fibre, and fuel, which have no psychoactive properties at all.” But its association with the closely related marijuana plant is what has landed it on Schedule 1 of the Controlled Substances Act.

From a botanical perspective, the two are quite distinct. The Cannabis plant contains a unique class of molecular compounds called cannabinoids, two of which are dominant: THC, which is the psychoactive ingredient of Cannabis, and CBD, which is an antipsychoactive ingredient. Marijuana, on the one hand, is high in the former and low in the latter, while industrial hemp is the exact opposite. To put this into perspective: the fibre version contains less than 1% THC. Which is why activists such as Lewis and companies like Patagonia have been so passionate about trying to clear up this misconception.

Harvesting Liberty from Patagonia on Vimeo.

Lewis is interviewed as part of Patagonia’s Harvesting Liberty documentary, which details the many benefits of hemp and how it could help transform the fashion industry. Most importantly, this natural fibre is cultivated with some of the lowest environmental impact we have seen to date. “It requires no pesticides, synthetic fertilisers or GMO seeds,” Patagonia explains. “Cultivation of hemp improves soil health by replenishing vital nutrients and preventing erosion. It’s one of the most durable natural fibres on the planet and results in fabric with wonderful drape that’s comparable to linen.” So why is the US still lagging on legalisation, then, and what are US-based fashion companies doing to get around this red tape?

Patagonia, for one, imports its high-quality hemp from China and continues to push for the ability to grow it onshore in the US without restrictions. The problem they are facing, though, is largely an emotional one. With government agencies still hung up on the misleading connection between a popular drug and a progressive fibre, efforts to repeal longstanding laws have mostly fallen flat. Which is why we now need to see increased conversation around the innovative material and a drive for greater consumer demand as well. Because if powerful agencies respond to anything, it is widespread commercial pressure. 

Of course, there are other more sinister theories about why hemp remains illegal in the States, too. These come down to slander campaigns against industrial hemp, launched in fear of the threat it may pose to the giant paper, chemical, timber, and petroleum industries, as well as the 800-pound gorilla: pharmaceuticals. Whichever way you look at it, though, the North American Industrial Hemp Council is correct in saying that “no member of the vegetable kingdom has ever been more misunderstood than hemp.” And, as a major influencer of industry trends, America needs to get on board with this incredible plant – because the nation’s continued reluctance to embrace hemp isn’t just holding fashion back; it is impacting a wide range of other modern industries as well.