Understanding Hemp Legislation and Legal Responsibilities
The basic premise is this: if you’re found to have broken the law in any way, shape, or form, it’s up to you to prove that you didn’t know the law or understand something about it. You see, the principle that ignorance of the law is not a defense is crucial. In the case of hemp legislation, the law concerning hemp has a hot, sticky background-the seeds of our current state and federal legislation and regulations are sprouting from the dirt of decades of criminalization of marijuana. Essentially, you don’t throw the baby out with the bathwater, you give it your all to save both. That’s what hemp and marijuana legislation is doing right now. No one knew the water was so hot back in the day.
While hemp has been around as far back as the ancient Egyptian papyrus (demanding an entire post of its own), the cultivation of industrial hemp in the modern era is only a few months old in the United States. Despite the change in federal law with the passage of the 2018 Farm Bill that legalized hemp and the products derived from hemp, lawmakers and law enforcement don’t have a firm grasp on what this really means for our fledgling industry. More importantly in the case of these new laws, it means it’s up to all of us to follow the new guidelines for cultivation and to make sure that we do our best to understand them.
It’s also important to understand how new is this technology-to make sure that we understand the legal risks that accompany the opportunity to do something new and unique. Just a few months ago, it’s probable that at least one person saw the new hemp license on the USDA’s website and clicked the button that was meant to reset their password. In fact, the first public draft of the interim rule to govern the new program is right here. For those who are curious, if you navigate to Section 4, you’ll see that anyone who violates the regulations is subject to civil penalties of up to $10000, or not more than $25000 for any related series of violations, and that “if there is any reason to believe that a person is violating a regulation published under this Act, an authorized representative of the Secretary may enter the land, facilities, and greenhouses of such person during normal business hours to review documents relating to such violations, take samples, take pictures, and take any other action that the Secretary considers necessary to ensure compliance.”
Ignorance might not be a viable defense for the violations of hemp regulations, but the ‘liberty of the person’ clause clearly states that, in partnership with this robust new federal program, federal, state, and tribal law enforcement officers shall have the authority to “enforce the [hemp] regulations to the same extent that their respective jurisdictions impose on the laws being enforced.” Where does that leave the agriculturalist? In a bit of a pickle I think. The bottom line is that you must follow the law as it exists now. That is to say, at the time of publication. This may change, but just like hemp trees, we must take it one seed at a time.
When it comes to common mistakes, the list is long, and the ramifications and penalties are serious. Take for instance this typical mistake: you don’t have a license-do you grow hemp? No. You do, but you think that it’s okay not to have a license. Wrong. Just last week, a company was raided for illegally possessing marijuana plants. Yes, hundreds of marijuana plants. And just like the Wisconsin couple growing 19,000 marijuana plants, you too will be raided for growing hemp without a license.
Rather than list all the things that could go wrong, I’m guessing the solution is simple-to stay informed on state and federal hemp legislation, which is changing faster than we can keep up. But if you want the details, check out Our Site here. The point is that hemp law is vastly important. The bill of rights says that ignorance of the law is not an acceptable excuse for liability. When you’re part of an ongoing experiment-like hemp may turn out to be-then you must remain diligent, make good legal decisions, stay up to date with news, and be wise about the choices you make. Here’s just one more example of lessons to learn from cannabis legislation: shun the traditional wisdom of growing weed in secret, and just breathe. If you have more questions, consult an attorney who specializes in hemp. Remember: ignorance of the law is not a defense.
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