agriculture Archives - Infringement-Attorney

Bill Wohlsifer Will Remove Cannabis from Schedule I

General Commentary / October 17, 2014 September 24, 2015

by Matt Wright

We have been living in an outdated society. The norms of yesterday should no longer be held as the standard today. Unfortunately, the leaders of this country are more concerned with special interest groups, and lobbyists who want to keep Cannabis out of the hands of patients across the country. Historically there has not been a leader who would stand up to these entities and tell them their time is over. There needs to be a person who is willing to go to bat for their constituents and allow them the control to make decisions regarding their medical and personal freedoms. Until now.

Bill Wohlsifer is the Libertarian candidate for Attorney General in Florida. He is making waves in the political world by breaking the mold of the leaders in this country by wanting to put the power of the control back in the hands of the people instead of federally funded bureaucrats who claim to know more about what is best for each individual, rather than the individual themselves. Mr. Wohlsifer believes we, as people, should be able to make decisions on our health freedoms ourselves, without the fear of government or police intervention in our most personal and private decisions.

As evidence of the fact that Mr. Wohlsifer wants to give the freedom to choose back to the people of Florida he has outlined a plan that should be making news across the country, but due to a media blackout on third party candidates he hasn’t been able to get his message out to the people he believes matters most…the voters. His plan would remove the plant of the genus Cannabis completely from Schedule I of the Florida’s Controlled Substance List. This would be an unprecedented action, that would change the way Florida looks at almost every factor of their state.

Mr. Wohlsifer has stated that Cannabis with tetrahydrocannabinol (THC) level of greater than 0.8 percent would be removed from Schedule I and moved to Schedule II. Any Cannabis with a THC level of .8 percent to 0.3 percent would be moved to Schedule III and Cannabis with a level lower than 0.3 percent would be removed from Florida’s Controlled Substance List. This would redefine all levels of Cannabis and change the way the world views the medicinal value of this plant.

Once Cannabis has been removed from Schedule I a doctor would legally be able to recommend the plant for medical purposes, without the need of a Florida Constitutional Amendment. Also, by removing Cannabis with THC levels of .3 percent and lower would effectively remove hemp from the controlled substance list, allowing for industrial hemp to be grown and produced in Florida. Mr. Wohlsifer has already outlined his plan for industrial hemp on the website Hemp4Water.com.

This is the type of leadership we need in Florida, as well as the rest of the country. We need leadership not being handcuffed by special interest groups, and back room policy deals. It is time we elect officials who are willing to stand up for what they believe, especially if they believe in giving rights and freedoms back to the voters, as opposed to big government groups whose main goal is to approve the medicines produced by the highest donors.

Matt Wright is a writer and political activist living in south Florida. He has a BS in communications and is currently working for the Bill Wohlsifer for Attorney General campaign. To hear more from Matt you can follow him on Twitter at @mrwright79 or like him on Facebook.

Industrial Hemp

Billy's Blog, General Commentary, Industrial Hemp / January 2, 2014 January 2, 2014

PDF Version

Although hemp is a variety of the genus Cannabis, the same plant species as marijuana, hemp is genetically different and distinguished by its use and chemical makeup. Hemp has long been cultivated for non-drug use in the production of industrial and personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, including fabrics and textiles, yarns and raw or processed spun fibers, paper, carpeting, home furnishings, construction and insulation materials, auto parts, and composites. One of the more interesting uses is in phytoremediation, to cleanse contaminated and radiated soil, air and water. It is being used to clear contaminants at the Chernobyl nuclear disaster site. http://www.mhhe.com/biosci/pae/botany/botany_map/articles/article_10.html Hemp is effective as weed control to avoid use of herbicides. http://extension.oregonstate.edu/catalog/html/sb/sb681/#Weed%20control As a food product, it contains numerous essential fatty acids. http://www.finola.com/Hempseed%20Nutrition.pdf

The inclusion of hemp with marijuana under the definition of Cannabis is based upon reliance on outdated norms, without any reasonable distinction between the THC levels in the different species of Cannabis plants and without distinction between the psychoactive and medicinal uses of marijuana and the agricultural and industrial applications of hemp.

On August 29, 2013, the United States Department of Justice updated its federal marijuana enforcement policy in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy, and upon Florida’s imposition of strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in Florida.

The requisite regulatory guidelines are available for our legislature’s use, as Bill Wohlsifer, voluntarily and without pay, drafted such regulatory guidelines in 2013 for use by any Florida legislator that will take it up. In all, Bill drafted two proposed industrial hemp bills http://wohlsifer4ag.com/2013/12/31/industrial-hemp-reclassification/ and http://wohlsifer4ag.com/2013/12/31/hemp-agricultural-crop/ and one proposed industrial hemp resolution http://wohlsifer4ag.com/2013/12/31/recognition-of-industrial-hemp/ for use in the 2014 legislative session. [1] At present, no Florida legislator is moving on this great opportunity. Please contact your representatives and introduce this initiative to them.

Industrial hemp is legally produced by at least 30 countries in the world, including China, Russia, Korea, and our neighbors, Canada and Mexico. It defies logic to allow the import of hemp and hemp byproducts from Canada and Mexico to be used in the production and sale of goods in the U.S., while not allowing hemp to be grown domestically. Normalizing industrial hemp cultivation would generate tax revenue, revitalize vacant farmlands, add to the sale of farming machinery and agribusiness supplies, and create jobs in Florida.

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[1] The Legislative Review Committee of the Libertarian Party of Florida is currently seeking representative sponsors to file the proposed legislation.

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Paid political advertisement by Committee to Elect Bill Wohlsifer, 1100 East Park Ave Ste B, Tallahassee FL 32301. Approved in advance by Bill Wohlsifer.

The Industrial Hemp Reclassification Act Proposal

Billy's Blog, Industrial Hemp / December 31, 2013 December 31, 2013

Bill Wohlsifer drafted the two proposed industrial hemp bills and a proposed industrial hemp resolution with the intent that these drafts would find legislative sponsorship in the 2014 legislative session. The three drafts work together or each can implement new law standing alone. Please read and comment on these draft proposals. If one or more meet your approval, please ask your State Representatives and State Senators to consider filing these drafts or language of similar import in the upcoming 2014 legislative session.

This proposed draft bill defines Cannabis with a THC level of not greater than 3/10 of 1% as industrial hemp; clarifies that hemp is not marijuana; provides a definition for marijuana (yes, our statutes do not contain one); and provides an affirmative defense for growers of industrial hemp against prosecution for marijuana cultivation.
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PDF Version – The Industrial Hemp Reclassification Act

This proposed bill is an unsponsored draft prepared by William R. Wohlsifer, Esq., Region 3 Representative for the Libertarian Party of Florida. This draft has not been approved by or endorsed by any committee or party as of the date of last revision shown below.

Last revised on October 10, 2013.

William R. Wohlsifer, Esq. – William R. Wohlsifer, PA

1100 East Park Ave, Ste B – Tallahassee, FL 32301

Tel: (850) 219-8888 – Fax: (866) 829-8174

[email protected] – www.infringement-attorney.com

Chapter 2014 – ____________

House Bill No. _____________

A bill to be entitled:

THE INDUSTRIAL HEMP RECLASSIFICATION ACT

An act relating to controlled substances; amending 893.02 F.S. to create a definition for “Hemp,” amending the definition of “Cannabis,” and creating a definition for “Marijuana;” amending 893.03 F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act, Standards and Schedules, to exclude hemp from the definition of Cannabis; to remove low level delta-9 Tetrahydrocannabinol from Schedule I controlled substance designation; and providing an effective date. Industrial hemp that has no more than 0.3% Tetrahydrocannabinol is considered an agricultural crop in this state and is herewith removed from its prior classification as a controlled substance under s. 893.03(1)(c).

Be It Enacted by the Legislature of the State of Florida:

CHAPTER 893 DRUG AB– USE PREVENTION AND CONTROL

Section 1. Section 893.01, Florida Statutes, is unchanged. 893.01 Short title.—This chapter shall be cited and known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”

Section 2. Section 893.011, Florida Statutes, is created to read:
CODING: Words stricken are deletions; words underlined are additions.

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893.011 Legislative findings and intent.—

(1) The Legislature finds that although hemp is a variety of the genus Cannabis, the same plant species as marijuana, hemp is genetically different and distinguished by its use and chemical makeup. Hemp has long been cultivated for non-drug use in the production of industrial and personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, including fabrics and textiles, yarns and raw or processed spun fibers, paper, carpeting, home furnishings, construction and insulation materials, auto parts, and composites.

(2) The Legislature finds that the inclusion of hemp with marijuana under the definition of Cannabis is based upon reliance on outdated norms, without any reasonable distinction between the delta-9 Tetrahydrocannabinol levels in the different species of Cannabis plants and without distinction between the psychoactive and medicinal uses of marijuana and the agricultural and industrial applications of hemp.

(3) The Legislature finds that on August 29, 2013, the United States Department of Justice issued a memorandum updating its federal marijuana enforcement policy, in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy, and after this state’s imposition of strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in this state, despite the categorical scheduling of hemp as an illegal drug under the federal Controlled Substances Act. (4) Reclassification of industrial hemp is expected to generate agribusiness activity that will lead to new innovations, products, businesses and jobs throughout the state. This economic impact can be accomplished using this state’s existing infrastructure without the need for new appropriations.

Section 3. Section 893.02, Florida Statutes, is amended as follows: 893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal.

CODING: Words stricken are deletions; words underlined are additions.

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(2) “Analog” or “chemical analog” means a structural derivative of a parent compound that is a controlled substance. (3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin with a delta-9 Tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

. . .

(11) “Hemp” means a variety of the Cannabis sativa plant that is primarily grown as an agricultural crop (such as seeds, leaves and fiber, and byproducts such as oil, seed cake, hurds) and is characterized by plants that are low in THC (delta-9 Tetrahydrocannabinol). THC is the primary psychoactive chemical in marijuana. Hemp is of the same plant species as marijuana, but is genetically different and distinguished by its chemical makeup. Hemp plants have a THC concentration level of not more than 0.3 percent on a dry weight basis.

. . .

(17) “Marijuana” means a pistillate hemp plant whose scientific name is Cannabis sativa. Although the plant contains hundreds of compounds, its dried leaves and flowering tops yield the pharmacologically active ingredient Tetrahydrocannabinol (THC) that can be ingested, vaporized, smoked, sprayed, applied topically, or manufactured as a component ingredient in food, drink, pill or hemp oil form, or to produce an intoxicating or physiological healing effect.

. . .

Section 4. Section 893.03, Florida Statutes, is amended to modify 893.03(1)(c)7. and 893.03(1)(c)37. as follows:

893.03 Standards and schedules.—The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, or trade name designated. The provisions

CODING: Words stricken are deletions; words underlined are additions.

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of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled “Excluded Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt Anabolic Steroid Products.”

(1) SCHEDULE I.—A substance in Schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards. The following substances are controlled in Schedule I:

. . .

(c) Unless specifically excepted, or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, and salts of isomers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

. . .

7. Cannabis, except any part of plant, whether growing or not, with a delta-9 Tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

. . .

37. Tetrahydrocannabinols, except when present in any part of plant, whether growing or not, with a delta-9 Tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Section 5. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.

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Paid political advertisement by Committee to Elect Bill Wohlsifer, 1100 East Park Ave Ste B, Tallahassee FL 32301. Approved in advance by Bill Wohlsifer.

Industrial Hemp as an Agricultural Crop Resolution Proposal

Billy's Blog, Industrial Hemp / December 31, 2013 December 31, 2013

This proposed draft bill creates chapter 575, a comprehensive plan to initiate industrial hemp growth in Florida, without awaiting change in the Controlled Substances Act, but with respect for federal limitations. The governing authority is assigned to the Florida Department of Agriculture and Consumer Services. The draft can made more appealing to a larger pool of voters (but significantly delay its impact) by adding a provision that delays the effective date until after hemp cultivation becomes legal under federal law. This is what several states have done. Another alternative is to draft the bill so that it only permits university testing of hemp cultivation’s viability and to forecast its economic impact. Several states have done this also.

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PDF Version – Florida Hemp Bill

Last revised on October 10, 2013.

William R. Wohlsifer, Esq. – William R. Wohlsifer, PA

1100 East Park Ave, Ste B – Tallahassee, FL 32301

Tel: (850) 219-8888 – Fax: (866) 829-8174

[email protected] – www.infringement-attorney.com

Chapter 2014 – ____________

House Bill No. _____________

A bill to be entitled

INDUSTRIAL HEMP AS AN AGRICULTURAL CROP

An act to allow a person who holds a license issued by the Commissioner of Agriculture to grow industrial hemp for commercial purposes. Upon meeting the licensure requirements, an individual in this state may plant, grow, harvest, possess, process, or sell industrial hemp if the hemp does not contain more than 0.3% delta-9 Tetrahydrocannabinol. Industrial hemp shall be subject to testing during its growth. A criminal history record check must be completed on an applicant for licensure, but a prior criminal conviction shall not render a person ineligible for licensure. Creates license exemption for employees of the State University System of Florida that are actively involved in research and related activities and allows for license exemption for non-state university employees to facilitate market research, evaluation, and recommendations to the legislature.

Be It Enacted by the Legislature of the State of Florida:

CHAPTER 575

INDUSTRIAL HEMP AS AN AGRICULTURAL CROP

Section 1. Section 575.01, Florida Statutes, is created to read:

575.01 Legislative findings and intent.—

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Personal care products. Some estimate that the global market for hemp consists of more than 25,000 products, that will have long-term economic benefits to both the farmers who grow hemp and the persons who utilize hemp in the production of yarns and raw or processed spun fibers, twine, rope, fabrics, textiles, paper products, animal bedding, automobile parts, plastics, cosmetics, food, nutritional supplements, body care products, fuels such as biodiesel, ethanol, and butanol, building materials including plywood, concrete, composites, roofing and insulation, carpeting, home furnishings, auto parts, and consumable foods.

(3) The Legislature finds that on August 29, 2013, the United States Department of Justice issued a memorandum updating its federal marijuana enforcement policy in response to recent state laws that have legalized the possession, production, processing, and sale of marijuana under strict state regulatory systems. In light of such updated federal policy and this state’s ability to impose strict regulatory requirements for hemp cultivation, it is reasonable to expect a similar non-interference policy with regard to the cultivation, processing, and sale of hemp in this state, despite the categorical scheduling of hemp as an illegal drug under the federal Controlled Substances Act.

(4) The economic impact of this act is expected to generate agribusiness activity that will lead to new innovations, products, businesses and jobs throughout the state. This economic impact can be accomplished using this state’s existing infrastructure without the need for new appropriations.

Section 2. Section 575.02, Florida Statutes, is created to read:

575.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires:

(1) “Agribusiness” means nonconsumable products used in the producing, processing, distribution, and marketing of consumable farm products, including, but not limited to, machinery, equipment, and supplies. CODING: Words stricken are deletions; words underlined are additions. Page 3 of 8

(2) “Agricultural crop” means plants useful to humans, including to a variable extent the preparation of products made from such plants.

(3) “Cannabis” means all parts of any plant of the genus Cannabis sativa, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin with a delta-9 Tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis.

(4) “Commissioner” means the Commissioner of Agriculture.

(5) “Department” means the Department of Agriculture and Consumer Services.

(6) “Hemp” means a variety of the Cannabis sativa plant that is primarily grown as an agricultural crop (such as seeds and fiber, and byproducts such as oil, seed cake, hurds) and is characterized by plants that are low in THC (delta-9 Tetrahydrocannabinol). THC is the primary psychoactive chemical in marijuana. Hemp is of the same plant species as marijuana, but is genetically different and distinguished by its chemical makeup. Hemp plants have a THC concentration level of not more than 0.3 % on a dry weight basis.

(7) “Industrial hemp” means all parts and varieties of a cannabis plant containing no greater than 0.3% delta-9 Tetrahydrocannabinol on a dry weight basis that is grown in this state for commercial purposes.

(8) “Marijuana” means a pistillate hemp plant whose scientific name is Cannabis sativa. Although the plant contains hundreds of compounds, its dried leaves and flowering tops yield the pharmacologically active ingredient delta-9 Tetrahydrocannabinol (THC) that can be ingested, vaporized, smoked, sprayed, applied topically, or manufactured as a component ingredient in food, drink, pill or hemp oil form, to produce an intoxicating or physiological healing effect.

Section 3. Section 575.03, Florida Statutes, is created to read:

575.03 Industrial hemp growing permitted.—Notwithstanding any other provision of law, a person may plant, grow, harvest, possess, process, or sell industrial hemp for commercial purposes if that person holds a license issued pursuant to s. 575.04.

Section 4. Section 575.04, Florida Statutes, is created to read:

575.04 Application for license.— CODING: Words stricken are deletions; words underlined are additions.

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(1) A person desiring to grow industrial hemp for commercial purposes shall apply to the commissioner for a license on a form prescribed by the commissioner.

(2) Each application for a license required by the provisions of this chapter shall be filed in writing with the department.

(3) The application for a license must include the legal description of the land area to be used for the production of industrial hemp.

(4) Each application shall require, as a minimum, the full name, date of birth, place of birth, physical description of the applicant, residence address and telephone number, and business address and telephone number of the applicant. Each application shall be accompanied by an accurate and current photograph of the applicant and a complete set of fingerprints of the applicant taken by an authorized law enforcement officer; however, a set of fingerprints shall not be required if the applicant has possessed a valid Florida license under this chapter during the prior license year if such Florida license has not lapsed or been suspended or revoked. If fingerprints are required, the set of fingerprints shall be submitted to the department for state processing. Each application shall be in such form as to provide the data and other information set forth therein, shall be sworn to by the applicant or, if the applicant is a corporation, a limited liability company or a partnership, shall be sworn to by each director, member or partner. The directors, members or partners applying on behalf of a same shall provide all their personal data and other information required.

(5) The department may require an applicant to furnish such other information or data not required by this section if the information or data is deemed necessary by the department.

(6) It is unlawful for any person to knowingly withhold information or present to the department any false, fictitious, or misrepresented application, identification, document, information, or data intended to or likely to deceive the department in connection with a license.

(7) Nothing in this section should be construed to exclude electronic filing.

Section 5. Section 575.05, Florida Statutes, is created to read:

575.05 Industrial hemp licensing exemptions.—

(1) The provisions of this section do not apply to employees of the State University System of Florida that are actively involved in research and related activities. CODING: Words stricken are deletions; words underlined are additions.

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(2) The department may, in its own discretion, issue letters of exemption outside of the State University System of Florida for the lawful growth, cultivation, and processing of industrial hemp under this section to facilitate market research, evaluation, and recommendations to the legislature for the purpose of furthering the intent of this chapter.

(3) The department may adopt reasonable rules regulating persons engaged in the lawful teaching, researching, or testing of industrial hemp and hemp products.

Section 6. Section 575.06, Florida Statutes, is created to read:

575.06 License to be displayed.—

(1) Each person to whom a license is issued under this chapter shall keep such license conspicuously displayed in his or her office, place of business, or place of employment and, whenever required, shall exhibit such license to any member or authorized representative of the department.

(2) A licensed industrial hemp agricultural business may use the words or terms, “hemp,” “industrial hemp,” or “agricultural hemp” or any combination thereof in connection with the licensee’s name or place of business to denote licensure under this chapter.

(3) Licenses issued by the department shall be valid beginning on October 1 of the year for which they are issued and shall expire on the following September 30.

(4) Each licensee shall renew his, her or its license annually, prior to its expiration date. If a renewal application and fee are not filed by the expiration date of any year, the license may be reinstated only upon payment of a delinquent fee that shall not exceed $750, plus the required renewal fees, within 30 days after the date of expiration. If any person who is subject to the requirements of this chapter fails to comply with the renewal, the department shall have the authority to seize the expired licensee’s raw or processed industrial hemp and dispose of same in any manner deemed appropriate by the department as of November 1 of the year the license expires. Any funds collected from the disposal of raw or processed industrial hemp under this section shall be deposited in the Florida Agricultural Promotional Campaign Trust Fund. Nothing in this section shall be deemed to prevent an expired licensee from re-applying for a license. CODING: Words stricken are deletions; words underlined are additions.

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(5) If the department fails to issue a response to a valid license application submitted pursuant to this chapter within 60 days of its submission, the license shall be deemed issued and a copy of the license application shall be deemed as valid as a department issued license.

Section 7. Section 575.07, Florida Statutes, is created to read:

575.07 Rulemaking; fees.—

(1) No later than 90 days after the effective date of this act, the department shall promulgate rules that strictly regulate the industrial hemp industry in this state, including but are not limited to rules that govern:

(a) Testing of hemp crop by the department during growth for delta-9-Tetrahydrocannabinol levels.

(b) Supervision of the growth and harvest of the industrial hemp.

(c) Requirement that all licensees shall file with the department documentation indicating that the seeds planted by licensee were of a type and variety of hemp certified to have a concentration of no more than 0.3% delta-9-Tetrahydrocannabinol.

(d) Requirement that all licensees shall file with the department copies of any contract to grow industrial hemp.

(e) Requirement that all licensees shall maintain records of the sale or distribution of industrial hemp grown by the licensee and the dates, names of the persons to whom the industrial hemp was sold or distributed.

(f) Requirement that all licensees shall comply with all reporting requirements consistent with this chapter.

(g) Any other reasonable rules or procedures that demonstrates to the United States Department of Justice this state’s ability to self-regulate hemp cultivation in this state.

(2) To provide sufficient funds to pay costs associated the department’s monitoring and testing of industrial hemp growth, the department shall assess fees that include but are not limited to:

(a) An annual per applicant license fee to grow industrial hemp shall be set by the department, subject to change annually; the license fee for the first effective year of this act shall be $1,100. CODING: Words stricken are deletions; words underlined are additions.

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(b) An annual per applicant fee of $25 per acre, in addition to the annual license fee. The minimum annual acreage fee assessed shall be $150 per applicant, subject to change annually by the department.

(c) Fees that are commensurate with the costs of the department’s activities in licensing, testing, and supervising industrial hemp production.

Section 8. Section 575.08, Florida Statutes, is created to read:

575.08 Disposition of fees.—Other than the funds collected from the disposal of raw or processed industrial hemp under section 6, any fees collected pursuant to this chapter shall be applied first toward the cost of administering this act.

Section 9. Section 575.09, Florida Statutes, is created to read:

575.09 Affirmative defense for possession or cultivation of marijuana.—

(1) It is an affirmative defense to a prosecution for the possession or cultivation of marijuana under s. 893.13(1)(a)1, s. 893.13(1)(a)2, s. 893.13(1)(c)2, s. 893.13(1)(e)2 or s. 893.13(6)(a) and an affirmative defense to a prosecution for the possession of equipment that meets the definition provided in s. 893.145(7)(a)1, that:

(a) The defendant was growing industrial hemp pursuant to this chapter;

(b) The defendant had valid applicable controlled substances registrations from the United States Department of Justice, Drug Enforcement Administration; or

(2) This section is not an affirmative defense to a charge of criminal sale or distribution of marijuana.

Section 10. Section 575.10, Florida Statutes, is created to read:

575.10 Severability.—If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or application of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. CODING: Words stricken are deletions; words underlined are additions.

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Section 11. Section 575.11, Florida Statutes, is created to read:

575.11 Request for federal change or waiver.—

(1) The department shall send, if approved, a copy of this assembly’s Resolution Concerning the Recognition of Industrial Hemp as an Agricultural Commodity, along with a request to the Florida congressional delegation and to the director of the United States Department of Justice, Drug Enforcement Administration, for a change in federal law or a waiver that will allow persons in this state to grow industrial hemp as an agricultural crop for commercial purposes without federal preemption.

(2) Nothing in this section, nor the categorical scheduling of hemp as an illegal drug under the Controlled Substances Act, 21 U.S.C. § 801, shall be deemed to prohibit or prevent this state from implementing the provisions of this chapter.

Section 12. This act shall take effect upon becoming a law.

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Paid political advertisement by Committee to Elect Bill Wohlsifer, 1100 East Park Ave Ste B, Tallahassee FL 32301. Approved in advance by Bill Wohlsifer.

Industrial Hemp Production Bill Resolution to Congress

Billy's Blog, Industrial Hemp / December 31, 2013 December 31, 2013

This proposed draft is a Resolution asking the U.S. Dept. of Justice, Drug Enforcement Agency, to remove hemp containing low levels of THC from its Controlled Substances List, or grant Florida a waiver for industrial hemp growth to allow our state to self-regulate industrial hemp agribusiness under strict state regulatory guidelines.

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PDF Version – Recognition of Industrial Hemp

Last revised on October 10, 2013.
William R. Wohlsifer, Esq. – William R. Wohlsifer, PA
1100 East Park Ave, Ste B – Tallahassee, FL 32301
Tel: (850) 219-8888 – Fax: (866) 829-8174
[email protected] – www.infringement-attorney.com

RESOLUTION CONCERNING THE RECOGNITION OF INDUSTRIAL HEMP AS A VALUABLE AGRICULTURAL COMMODITY
A RESOLUTION CONCERNING THE RECOGNITION OF INDUSTRIAL HEMP AS A VALUABLE AGRICULTURAL COMMODITY, AND, IN CONNECTION THEREWITH, URGING THE U.S. DEPARTMENT OF JUSTICE AND THE U.S. CONGRESS TO CLARIFY THE FEDERAL DEFINITION OF INDUSTRIAL HEMP, FACILITATE DOMESTIC PRODUCTION OF INDUSTRIAL HEMP, AND REMOVE BARRIERS TO STATE REGULATION OF THE PRODUCTION OF INDUSTRIAL HEMP FOR COMMERCIAL PURPOSES.

WHEREAS, industrial hemp refers to varieties of Cannabis that contain less than 0.3% delta-9 Tetrahydrocannabinol (THC), genetically distinct from drug varieties of Cannabis (marijuana), cultivated exclusively for fiber, stalk, oil, and seed; and

WHEREAS, Industrial hemp should not be confused with varieties of Cannabis that contain high concentrations of THC and that are commonly referred to as marijuana; and

WHEREAS, Congress never intended to prohibit the production of industrial hemp when restricting the production, possession, and use of marijuana; and

WHEREAS, the legislative history of the “Marijuana Tax Act of 1937,” in which the current federal definition of marijuana first appeared, indicates that the act posed no threat to industrial hemp farmers and manufacturers; and

WHEREAS, The United States Court of Appeals for the Ninth Circuit ruled in Hemp Industries v. Drug Enforcement Administration, 357 F.3d 1012, 9th Cir. 2004, that the Controlled Substances Act, 21 U.S.C. § 801, enacted in 1970, 21 U.S.C. sec. 812(b), explicitly excludes non-psychoactive industrial hemp from the definition of marijuana, and the federal government declined to appeal that decision; and

CODING: Words stricken are deletions; words underlined are additions.

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WHEREAS, the Controlled Substances Act, enacted in 1970, specifies the criteria for classifying a substance as a Schedule I drug, which include a high potential for abuse, no accepted medical use, and a lack of accepted safety for use, none of which apply to industrial hemp; and

WHEREAS, section 2 of article 28 of the United Nations’ Single Convention on Narcotic Drugs, 1961, as amended by the 1972 Protocol, states, “This Convention shall not apply to the cultivation of the cannabis plant exclusively for industrial purposes (fiber and seed) or horticultural purposes”; and

WHEREAS, United States Attorney General Eric Holder has stated, with regard to medical marijuana, that the Drug Enforcement Administration (DEA) does not have the authority to interfere with growers in states where medical marijuana is legal, as long as they comply with state law; and

WHEREAS, industrial hemp is commercially produced in more than 30 nations, including Canada, Great Britain, France, Germany, Romania, Australia, and China; and

WHEREAS, at least ten states (California, Colorado, Kentucky, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia) have redefined hemp and removed barriers to its production; three states (Hawaii, Kentucky, and Maryland) have passed bills creating commissions or authorizing research on hemp cultivation and use; nine states (California, Colorado, Illinois, Montana, New Hampshire, New Mexico, North Dakota, Vermont, and Virginia) have passed hemp resolutions; and eight states (Arkansas, Illinois, Maine, Minnesota, New Mexico, North Carolina, North Dakota, and Vermont) have passed hemp study bills; and

WHEREAS, industrial hemp is a versatile and valuable agricultural commodity. Some estimate that the global market for hemp consists of more than 25,000 products, that will have long-term economic benefits to both the farmers who grow hemp and the persons who utilize hemp in the production of yarns and raw or processed spun fibers, twine, rope, fabrics, textiles, paper products, animal bedding, automobile parts, plastics, cosmetics, food, nutritional supplements, body care products, fuels such as biodiesel, ethanol, and butanol, building materials including plywood, concrete, composites, roofing and insulation, carpeting, home furnishings, auto parts, and consumable foods; and

WHEREAS, the production of industrial hemp would provide new jobs and promote new industries in Florida, increase support to agriculture and agricultural communities, and increase

CODING: Words stricken are deletions; words underlined are additions.

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the sustainability of various manufacturers and producers, and improve nutritional content in foods and feed; and
WHEREAS, industrial hemp is a high-value, low-input crop that is not genetically modified, requires no pesticides, can be dry land-farmed, and uses less fertilizer than wheat and corn; and

WHEREAS, industrial hemp lessens environmental impact by providing nitrogen to the soil, sequestering carbon, and growing without the use of toxic chemicals; and

WHEREAS, industrial hemp provides a practical transition to sustainable agricultural practices and the conservation of precious groundwater resources in this state,

NOW THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida that this legislative body compels the United States Congress to:

(1) Recognize industrial hemp as a valuable agricultural commodity;
(2) Define industrial hemp in federal law as a non-psychoactive and genetically identifiable species of the genus Cannabis;
(3) Acknowledge that allowing and encouraging farmers to produce industrial hemp will improve the balance of trade by promoting domestic sources of industrial hemp and lessen this state’s demand on foreign imports thereto; and
(4) Assist U.S. producers by removing barriers to state regulation of the commercial production of industrial hemp.
Be It Further Resolved: That copies of this Resolution be sent to President Barack Obama; Tom Vilsack, U.S. Secretary of Agriculture; Senator Debbie Stabenow, Chair of the U.S. Senate Committee on Agriculture, Nutrition and Forestry; Representative Frank D. Lucas, Chair of the U.S. House Committee on Agriculture; and to each member of Florida’s Congressional Delegation

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Paid political advertisement by Committee to Elect Bill Wohlsifer, 1100 East Park Ave Ste B, Tallahassee FL 32301. Approved in advance by Bill Wohlsifer.

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Bill Wohlsifer Will Remove Cannabis from Schedule I

Industrial Hemp

The Industrial Hemp Reclassification Act Proposal

Industrial Hemp as an Agricultural Crop Resolution Proposal

Industrial Hemp Production Bill Resolution to Congress

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