The Fascinating History of Hemp in America
The history of hemp cultivation and the sale of cannabidiol (CBD) in the United States has recently been hugely influenced by the passage of the Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill. Without this key piece of legislation, the public would not have had access to the profound benefits of hemp-derived products, and it was through the tireless advocacy of agricultural organizations, industrial hemp advocates, supportive lawmakers and business interests that made it happen. Let’s look at how the Farm Bill of 2018 changed existing hemp laws and made the miraculous benefits of CBD available and accessible to all.
The History of Hemp Legislation in America
Hemp has a long and complex history in the United States with many making the case that it was the most important crop in America’s early founding. It was originally brought to the American colonies circa 1606 and it was widely cultivated for its fiber and seeds, which were used in products like rope, textiles, and paper. In the 17th and 18th century American farmers were legally required to grow hemp as a staple crop and it was also exported to England where it was used for a variety of materials like clothing, books, sails, tents, and shoes. George Washington and Thomas Jefferson encouraged hemp production and grew it on their plantations and many historians contend the first drafts of the Declaration of Independence were written on hemp paper. In fact, for over 150 years, hemp was so essential in early America that it could even be used to pay taxes.
It was the Marijuana Tax Act of 1937 that started the decline of this robust and versatile crop by adding a $100 transfer tax on all sales and requiring the regulation of licensing hemp production to the Department of Revenue, which made it economically unfeasible for many farmers to continue to grow hemp. Some historians speculate this policy was enacted to reduce the size of the hemp industry because powerful industrialists like William Rudolph Hearst and the DuPont family saw hemp as a threat to their business interests, which was the emerging market of paper and plastic. Hearst owned vast timberlands and paper mills and DuPont held patents related to synthetic fibers and plastics. Both men were rumored to view hemp, with its variety of uses and its easy cultivation, as a threat that could undermine their profits.
There was a brief revival in the hemp market during WWII as farmers throughout the country were encouraged to fulfill their patriotic duty and contribute to the “war effort” by growing hemp, as the crop could provide strong industrial fibers for many products to support the war, like ropes, bootlaces, parachute webbing, etc. However, after the war, the government quietly shut down all hemp processing plants and the industry declined again.
During the time of the Marijuana Tax Act of 1937 hemp also became entangled in the broader prohibition of cannabis, largely due to its relation to marijuana, which is another variety of Cannabis sativa that contains THC and is known for its psychoactive properties. The criminalization and association of hemp and marijuana being a “hard drug” ramped up with politicians and the media attempting to spread fear and propaganda linking it to crime and violence. This propaganda was racially charged and associated with the Latin American and African American communities, defining it as a scourge that led to murder, rape and insanity, all the while instilling fear in the American populace around these ethnic groups.
William Randolph Hearst’s newspapers began spreading anti-marijuana sentiment in the 1920’s and 1930’s with sensationalist stories about how marijuana users, mainly Mexican immigrants and African Americans, were dangerous and prone to violence. Many consider William Randolph Hearst’s motivation to participate in spreading this false information as economical and self-serving due to his fear of hemp posing a threat to his timber and paper business. Another propaganda tool that was used to instill fear about marijuana in the general populace was the 1936 film “Reefer Madness” which depicted exaggerated and horrific effects of marijuana use such as insanity, suicide, and violent behavior. It was funded by a church group and then used by Harry J. Anslinger who, as the first commissioner of the newly created Federal Bureau of Narcotics (FBN), was responsible for a lot of racist rhetoric claiming marijuana use made African American and Hispanics “forget their place in society” and led them to incite violent crimes.
The War on Drugs
The final nail in the coffin for the criminalization of hemp was in the 1970’s during the Nixon administration’s “War on Drugs” campaign and the passage of The Controlled Substances Act of 1970. This law classified all cannabis varieties, including hemp, as a Schedule I controlled substance. Schedule I substances were considered to have a high potential for abuse, no accepted medical use, and a lack of acceptable safety, a disgraceful fall for the plant that was once considered America’s most vital agricultural commodity.
This initiative, passed in 1971, continued the campaign that began in the 1930’s to falsely influence public perception about the effects of cannabis while also attacking racial minority groups. The “War on Drugs” achieved this aim through disproportionate enforcement of the law and wide sentencing disparities between whites and minorities. In 2018 40% of all drugs arrests in the U.S. were for cannabis offenses, with over 90% of those arrests for possession alone.
Furthermore, in 2015 African Americans and Hispanics made up 32% of the population in the U.S. but comprised 56% of all incarcerated people. African Americans also serve almost as much time in prison for a drug offense (58.7 months) as white people do for a violent offense (61.7 month). Needless to say, “the war on drugs” had a disproportionate impact on racial minorities and their communities with cannabis being used as a weapon and reason for exercising more surveillance and arrests on those groups.
Hemp’s Revival
However, in 2014 the groundwork for social justice and hemp’s resurgence was being laid down with the passage of the Agricultural Act of 2014. This law allowed state departments of agriculture and institutions of higher education to grow hemp for research purposes, a crucial first step in establishing its wide potential and safety and it set the stage for more comprehensive legislation, which arrived 4 years later.
The 2018 Farm Bill was the law that opened the door for hemp to establish itself again as a safe and versatile plant. The biggest effect of this landmark legislation was that it effectively distinguished hemp from marijuana, with hemp being defined as that which has less than 0.3% of THC. This finally allowed public access to access the benefits of hemp, and in turn CBD, without the effect of THC, which contains psychoactive properties and gives users a “high”. Higher levels of the THC compound are found in what is defined as marijuana.
This distinction allowed hemp and its derivatives, like CBD, to be removed from the list of Schedule I controlled substance and released it from the regulations of the Drug Enforcement Administration (DEA). This was a crucial change as it significantly reduced regulation around the plant while also explicitly allowing the interstate transport of hemp and hemp-derived products, like CBD, to be legally shipped across state lines.
Since 2018 hemp cultivation and the CBD business has expanded rapidly across the country with farmers growing hemp in America, once again, for its uses in textiles, building materials, and more. CBD companies are capitalizing on the newfound research and studies that shows how it has promising effects to boost overall health and wellness and are making various CBD infused topical and internal products to heal various ailments that CBD has the potential to treat.
However, even with the legal barriers of hemp-derived CBD products lifted, the FDA (Food and Drug Administration) has yet to establish clear guidelines on CBD’s use as a dietary supplement or food additive, which has created a patchwork of state regulations and has left many CBD businesses in an awkward legal gray area. Additionally, CBD is an unregulated industry which has raised concerns about product quality and safety, so it is important for consumers to look for businesses that provide 3rd party lab testing and transparency on all their products. (Stay tuned for our next blog that will discuss how to be informed when buying CBD products!)
In conclusion, the 2018 Farm Bill signaled a revitalization and significant step forward in addressing misconceptions and allowing broad access to hemp and cannabis. The 2018 Farm Bill contributed to the journey that began with this remarkable plant being so instrumental to the early days of America’s founding, to labeled a scourge and prohibited, to finally, a triumphant return to its rightful place as a safe and versatile plant. Today, hemp is continuing its legacy as a valuable American crop by playing a crucial role in sustainable agriculture and industry by making classic hemp products as well as new cutting edge technologies such as biopolymers and new hemp based materials.
