User:Julietabulie/Sandbox

The Bill

To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the `Industrial Hemp Farming Act of 2009'. SEC. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIHUANA.

Paragraph (16) of section 102 of the Controlled Substances Act (21 U.S.C. 802(16)) is amended-- (1) by striking `(16)' at the beginning and inserting `(16)(A)'; and (2) by adding at the end the following new subparagraph: `(B) The term `marihuana' does not include industrial hemp. As used in the preceding sentence, the term `industrial hemp' means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis.'. SEC. 3. INDUSTRIAL HEMP DETERMINATION TO BE MADE BY STATES.

Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following new subsection: `(i) Industrial Hemp Determination To Be Made by States- In any criminal action, civil action, or administrative proceeding, a State regulating the growing and processing of industrial hemp under State law shall have exclusive authority to determine whether any such plant meets the concentration limitation set forth in subparagraph (B) of paragraph (16) of section 102 and such determination shall be conclusive and binding.'

History

The Marihuana Tax Act of 1937 is the beginning of constriction for the growth of marijuana in the United States. An extremely high tax was placed on marijuana; making it nearly impossible to grow industrial hemp. However, congress expected the production of industrial hemp to continue, but the Federal Bureau of Narcotics lumped industrial hemp with marijuana and it's successor, the US Drug Enforcement Administration, continued.

Background

The United States is the only developed country which still bans the grow of industrial hemp. 16 states have passed pro-hemp legislation.

Due to the fact that American farmers are unable to legally cultivate hemp, the United States has been unable to compete in the global market. By passing this bill American farmers can reduce the trade deficit and ultimately benefit the local market. This would also encourage jobs in various industries such as food, auto parts, clothing, and other various industries.

United States companies and industries which sell products made with hemp include Dr. Bronner's Magic Soaps, most of the bird seed sold in the U.S., and even the car companies Ford and BMW, historically and currently, experimented with hemp materials in their vehicles. Hemp food manufacturers such as French Meadow Bakery, Hempzels, Living Harvest, Nature's Path and Nutiva now make their products from Canadian hemp. These industries would no longer have to import hemp from other countries to produce these products.

Ruling of Proposed Bill

Along with the Industrial Hemp Farming Act of 2005 and the Industrial Hemp Farming Act of 2007, the bill was merely introduced and referred to the committee, but never made it any further. Therefore, this bill was never passed and made law.

Etymology

Currently, the word "marijuana" is the accepted spelling. However, "marihuana" was the correct spelling and most commonly used form in early Federal Government documents. That is why, as stated in the bill, marijuana is spelled "marihuana;" to maintain consistency across government documents.