The 2018 Farm Bill, industrial hemp and what it means for Ohio

first_imgShare Facebook Twitter Google + LinkedIn Pinterest By Ellen Essman, Sr. Research Associate Ohio State University Agricultural and Resource Law ProgramHemp is one of the most talked-about provisions of the new Farm Bill. There’s plenty of excitement about the removal of federal restrictions on hemp production and the economic opportunities for growing hemp. But what exactly does the Farm Bill say about hemp? Can Ohioans now grow, use and sell hemp and hemp products? We dove into the 807 pages of the Farm Bill Conference Report to find answers to your questions about the new legal status of hemp and hemp cultivation. What is hemp?Before we go much further in this discussion, it’s important to understand that both hemp and marijuana are species of cannabis, but they have different properties. Of particular note is the fact that marijuana contains much more tetrahydrocannabinol (THC) than hemp. THC is the part of a cannabis plant that can cause a psychoactive effect in certain concentrations, but hemp plants generally do not contain enough THC to produce a “high.” Hemp has many uses — it can be used for construction materials, fabrics and clothing, and animal bedding. It has even been discussed as a potential cover crop. Cannabidiol, or CBD, is a very popular extract of the hemp plant that is alleged to help those with anxiety, pain, inflammation, and other ailments, but not much research has been done to verify its effectiveness for medical use. Note that CBD is also an extract of the higher THC marijuana plant. Hemp is removed from the federal list of controlled substances — but only if it meets certain requirementsFirst and foremost, the Farm Bill removes hemp from the federal list of controlled substances. Section 12619 of the bill removes hemp from the definition of marijuana, which is still an illegal drug under federal law. In the same section, the bill federally decriminalizes tetrahydrocannabinols (THC) in hemp. Not all hemp, however, is subject to this exemption. Only hemp and THC as defined in the Farm Bill and as grown under the conditions set forth in the Farm Bill are accorded the exemption.So, how does the Farm Bill change the definition of hemp? The main hemp provision of the bill, Section 10113, separates hemp from the definition of marijuana and redefines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Coming soon: state and federal hemp production plansThe new law doesn’t allow a producer to start growing hemp today. Instead, Section 10113 of the Farm Bill describes the two situations under which a producer will be able to engage in legal hemp production in the future. In the first situation, the States or Indian tribes may take charge of the regulation of hemp production within their boundaries. To do this, a State must first submit a plan to the USDA through their state department of agriculture. A State plan must include:A way to keep track of land where hemp is produced within the state;Methods the state will use to test how much THC is in hemp plants;A way to dispose of plants or products that have a higher THC concentration than is legally allowed;A procedure for inspecting hemp producers;A plan for enforcing the law;A system for dissemination of a hemp producer’s information to the USDA; andAssurances that the state has the resources to carry out the plan.A producer who wants to cultivate hemp in a State that has an approved hemp production plan must first comply with the State’s plan before beginning to grow hemp. Predictions are that it may take a State about a year to create its hemp production plan and obtain the required USDA approval for the plan.The second situation for growing hemp comes into play if a State or Tribe does not submit a hemp plan to USDA. In this case, as long as the State has not limited the regulation or production of hemp under state law, the Secretary of Agriculture for the USDA may establish a plan “to monitor and regulate” hemp production within that State. A plan established by the USDA must meet the same criteria as a plan written by a State, and the law also requires the USDA to establish a licensing procedure for producers. Thus, a producer in a State that doesn’t have a hemp plan could legally grow hemp by obtaining a USDA hemp license through the hemp regulations that the USDA will develop, unless the State has prohibited hemp cultivation. Section 10113 specifically states that it does not preempt or limit any state law that “regulates the production of hemp” as well as any state law that is “more stringent” than federal law in regulating hemp production. Thus, a State can outlaw hemp production within its boundaries or include additional restrictions and requirements in its State plan as long as the plan complies with the federal law requirements. Handling producer violationsWhat if a hemp producer doesn’t comply with the new law or with the State or USDA hemp production plan? Section 10113 also describes how violations of the law will be handled. If a hemp producer negligently violates a State or USDA hemp production plan, the producer could be subject to enforcement. One negligent violation of the plan would not trigger criminal punishment, but the violator would have to comply with a corrective action plan prescribed by the State or USDA. However, if a producer negligently violates a plan three times in five years, the producer will be banned from producing hemp for five years. Examples of negligent violations in the law include: not providing a legal description of the land where hemp is produced, growing hemp without obtaining a license “or other required authorization” from the State, Tribe, or USDA, or producing hemp with a THC concentration higher than 0.3%. If a producer violates a State or USDA plan “with a culpable mental state greater than negligence” (that is, purposely, knowingly, or recklessly), then the State or USDA must report the violation to law enforcement authorities. Furthermore, persons convicted of a felony relating to a controlled substance under state or federal law are generally barred from hemp production for ten years following the date of their conviction, with the exception of persons convicted of a controlled substances felony but lawfully participating in a pilot program under the 2014 Farm Bill. Finally, if a person falsifies an application to participate in hemp production, that person will be totally barred from producing hemp. Legal hemp not to be prohibited in interstate commerceThe new law also allows for the interstate commerce of legally produced hemp and hemp products. Section 10114 says that a State or Indian Tribe cannot prevent the transportation or shipment of legally produced hemp through its state or territory. While a State may ban the sale of hemp or hemp products solely within its borders, it must allow hemp products to move freely through the State. For example, imagine that Pennsylvania allows hemp production but Ohio does not. Producers of legal hemp in Pennsylvania could not sell the hemp within Ohio, but Ohio could not prohibit a truck, train, or other type of transport from carrying the hemp through Ohio to a destination outside of Ohio. Hemp becomes eligible for crop insuranceImportantly, the Farm Bill also addresses hemp production risk by amending the Federal Crop Insurance Act to include hemp. Section 1119 adds hemp to the definition of “agricultural commodities” that can be insured and section 11106 adds legally produced hemp to the list of crops that can be insured even after harvested. Other provisions in Title XI waive marketability requirements for researching hemp. Making way for hemp research fundingSeveral provisions in the Farm Bill ensure that it is legally permissible to fund hemp research. Section 7129 amends the National Agricultural Research, Extension, and Teaching Policy Act to allow the Secretary of Agriculture to award grants for researching hemp and the development of hemp products. In section 7501, the bill amends the Critical Agricultural Materials Act to allow research on hemp, meaning that Congress believes hemp has the “potential of producing critical materials for strategic and industrial purposes.”Finally, section 7605 amends the hemp pilot program language from the 2014 Farm Bill. The Secretary of Agriculture is tasked with conducting a study on the pilot program and submitting a report on the study to Congress within a year. Section 7605 also repeals the hemp pilot programs, but only one year after final regulation on hemp production under section 10113 is published. How does current Ohio law treat hemp production?Ohio law defines marijuana as “all parts of a plant of the genus cannabis…” in Ohio Revised Code section 3719.01. Hemp is in the genus cannabis, as discussed earlier in this post. Therefore, under current Ohio law, hemp is the same as marijuana. Marijuana is a controlled substance under Ohio law, and the law states that “[n]o person shall knowingly obtain, possess, or use a controlled substance.”What about hemp-derived CBD oil? Ohio enacted a medical marijuana law in 2016, although dispensaries in the state have yet to open (so far, only one dispensary in the state has been licensed). In order to obtain medical marijuana in Ohio, it would have to be prescribed by a physician with which the patient has a “bona fide physician-client relationship,” and the patient would have to have a qualifying medical condition. Medical marijuana can be prescribed and used in oil form under the law. Since Ohio law lumps hemp in with marijuana, this means that in order to obtain CBD oil derived from hemp, a person would also have to follow the steps to obtain medical marijuana. Hemp-derived CBD oil also does not fall under any exceptions in Ohio’s definition of marijuana. Ohio’s State Board of Pharmacy specifically stated in a guidance document that CBD oil can only be legally dispensed from a licensed dispensary. In releasing this guidance, the Board of Pharmacy is purporting to act under the rulemaking authority granted under ORC 3796.04.Note, however, that there are exceptions to Ohio’s definition of marijuana. According to Ohio law, marijuana “does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.”Since hemp falls under the definition of marijuana, it is possible that some of these exceptions could also apply to certain hemp products made from stalks or seeds. Thus, it is plausible that some hemp products could be sold and used in Ohio. The law also states, however, that no person (other than those licensed under the medical marijuana law) “shall knowingly cultivate” marijuana. Again, since hemp is part of the state’s definition of marijuana, under the law, that means that nobody can “knowingly cultivate” hemp, either.In sum, it appears as though some excepted hemp products could be sold in Ohio, but not CBD oil, as it does not fall under the exception. Even if some hemp products can be sold in Ohio, hemp itself cannot currently be cultivated in Ohio. The new hemp language in the Farm Bill allows states to be more restrictive with hemp than the federal government, so Ohio can continue its ban on certain hemp products even with the new federal law. The State cannot, however, stop the transportation of hemp across the State, as explained above. Conversely, Ohio’s General Assembly could remove hemp from Ohio’s definition of marijuana and redefine hemp according to the Farm Bill’s new definition, which could allow for legal hemp cultivation under the Farm Bill. For the time being, growing hemp in Ohio is not legal, but that is subject to change.last_img read more

Yelp Reports Q4 Losses As Local Gets More Crowded Than Ever

first_imgRelated Posts Images via Yelp Yelp just reported its fourth quarter earnings and things aren’t looking that sunny for the stalwart local discovery site. In Q4 Yelp raked in $41.2 million in revenue, losing $.08 cents per share for a net loss of $5.3 million, an outlook a bit grimmer than projected losses of $.03 per share. Still, the company exceeded analyst estimates, which pegged the Yelp to report $40.2 million in revenue. The company’s stock predictably dipped in after-hours trading by around 3%.Yelp should own local. But it doesn’t. The company, founded in the mobile dark age of 2004, is being assaulted on some major fronts. There’s Foursquare of course, but the biggest threat is Facebook’s renewed interest in local, which the company will be building out in the coming months in the form of a feature called “Nearby.”Nearby is a big threat to Foursquare too, if Facebook doesn’t fumble the reboot. You might recall Facebook Places, which was shuttered in 2011, well before Facebook commanded the mobile savvy and the mobile products that it does now. Still, Yelp did have a little good news: Its web portal hit 100 million unique visitors in January 2013. The company also reported that reviews were up 45% in 2012 and its reach on mobile devices grew by 60%. (You can find more Yelp stats in the infographic below.) The heat is on to see who can monetize mobile the fastest – but clearly Yelp just isn’t quite there yet. The Dos and Don’ts of Brand Awareness Videos Facebook is Becoming Less Personal and More Pro… Guide to Performing Bulk Email Verification Tags:#business#Local#mobile#yelp A Comprehensive Guide to a Content Audit taylor hatmakerlast_img read more

Wage issue hits India’s easternmost tiger reserve

first_imgConservation of the Royal Bengal Tiger has taken a hit in India’s easternmost tiger reserve.The authorities of the Namdapha Tiger Reserve in Arunachal Pradesh have discontinued the services of 53 frontline staff, all casual employees.The 1,895 sq.km. tiger reserve in Changlang district, bordering Myanmar, is now left with 113 casual employees, who were inducted under Project Tiger of the National Tiger Conservation Authority (NTCA).In an order on July 14, Namdapha’s Field Director T. Riba said the 53 were shortlisted after an assessment of the performing and non-performing workers. This was in view of non-payment of wages of the casual employees by the NTCA.Officials of the Arunachal Pradesh Forest Department said the NTCA, formed in 2005, roped in 166 people for Namdapha a few years ago. But the NTCA did not provide any fund for wages of these casual employees during the 2018-2019 fiscal.“A huge amount of fund is required to meet the expenses of wages of these employees, and also a huge amount of arrear wages is lying outstanding due to non-receipt of funds from the NTCA,” the order said.“There are a large number of non-performing casual employees adding to the burden of this establishment,” the order said, adding that the non-performing employees were evaluated and told to go.“Almost 80% of Namdapha is inaccessible, and it is difficult for the staff to monitor the remaining area of the tiger reserve. The reduced staff strength will make it harder for us, but one cannot help if there are no funds,” Mr. Riba told The Hindu.Three tigersWildlife officials believe that Namdapha, at an altitude varying from 200 metres to 4,571 metres above mean sea level, is an ideal tiger habitat. But no tiger has ever been caught there in camera traps.“In 2018, we set up 118 camera traps but could not catch any tiger. We confirmed the presence of three individual tigers from pug marks and scats (DNA from tiger poop),” Mr Riba said.Namdapha, named after a river meandering through it, was declared as India’s 15th Tiger Reserve in 1983 with a core area of 1,808 sq km and a buffer zone of 177 sq km. Declared a wildlife sanctuary in 1972, it was elevated to a national park in the same year as it was made a tiger reserve.The tiger is one of 96 species of mammals found in Namdapha, which is divided into the Miao, Namdapha and Gandhigram ranges. The others include the endemic red giant flying squirrel, leopard, clouded leopard, snow leopard, Malayan sun bear, Asiatic black bear, hoolock gibbon, and capped langur.Namdapha has been in the news for the State government’s push for developing a 156 km road through it connecting Miao, the headquarters of the tiger reserve, and Vijaynagar, a settlement of former Assam Rifles personnel close to the Myanmar border.The road is the lifeline of Vijaynagar requiring people to trek for seven to 10 days. The odd sortie by Indian Air Force is the only other way for the people there to communicate with the world beyond.last_img read more

Vale Bob Sfeir

first_imgOn behalf of the Touch Football community, Touch Football Australia wishes to extend its condolences to the family of Bob Sfeir, who passed away on Tuesday. Bob Sfeir was the father of Australian Men’s Open assistant coach and Australian Men’s 20’s coach, Paul Sfeir and was also involved in Touch Football himself for many years. Rest in peace – Bob SfeirRelated LinksVale Bob Sfeirlast_img

Liverpool in talks to sign Shaqiri

first_imgAfter missing out on Lyon’s Nabil Fekir, Liverpool has now set their sights on signing Stoke City winger Xherdan Shaqiri.With a reported release clause of €13.5 – a steal in the current market – the Swiss midfielders stock has skyrocketed and Jurgen Klopp’s side are the favourites to secure his services.Shaqiri was relegated last season with Stoke and is surely too big a name and too great a talent to spend next season languishing in the Championship.Despite an abysmal season on the team front, individually Shaqiri still often stood out and managed to contribute 8 goals and 7 assists for the Potters.At 26 years of age, the Switzerland international is approaching his prime and after failed spells with Bayern Munich and Inter Milan in the past, he could well be ready for another stab at the big time at Anfield.divock origi, liverpoolReport: Origi cause Klopp injury concerns George Patchias – September 14, 2019 Divock Origi injury in today’s game against Newcastle is a cause for concern for Jurgen Klopp.Perhaps with one eye on Tuesday’s trip to Italy…Following his country’s friendly win over Japan at the weekend, the winger remained coy on speculation, responding plainly to questions over his future: “I can’t tell you anything, my agents take care of my future. I’m focusing on the national team right now.”The Stoke Sentinel reported that talks began as early as last Friday between the two clubs, with plenty of time before the World Cup for this deal to be finalised.last_img read more

Lopetegui will rotate Real Madrid goalkeepers

first_imgReal Madrid manager Julen Lopetegui has said that Thibaut Courtois is not certain to be an automatic starter, hinting that his goalkeepers would be rotated.Last season’s number one keeper Keylor Navas was in goal for the 4-2 loss to Atletico Madrid in the UEFA Super Cup.79% – Thibaut Courtois posted the second lowest save percentage in #UCL last season (after Sergio Rico, 58%), saving 62,5% of the shots he faced (min eight games). Premiere pic.twitter.com/lNVN6q1pV5— OptaJose (@OptaJose) August 9, 2018Thibaut Courtois travelled with the squad to Tallinn but was left out of the squad entirely.Sergio Ramos, Real MadridZidane reveals Sergio Ramos injury concern for Real Madrid Andrew Smyth – September 14, 2019 Zinedine Zidane has put Sergio Ramos’ availability for Real Madrid’s trip to Sevilla next weekend in doubt after withdrawing him against Levante.Lopetegui is prepared to keep Belgian keeper waiting as he considers his options in goal. Sportskeeda reports.“There isn’t a magic formula. We need to manage it week by week,” Lopetegui said.“We will see as we go who is best for the team at any given time. We have two magnificent goalkeepers, and others as well.”“But of course these are two international-level keepers and we will try to manage it well and make decisions for the team.”“Of course there is huge competition for the team but I see it as something positive in that position. It’s good for the team to have competition.”last_img read more

Burton Albion manager Nigel Clough criticizes Hesketh

first_imgBurton Albion manager Nigel Clough has criticized Jake Hesketh following his performance against Shrewsbury Town.Clough was disappointed with the Southampton loanee for his role in their 2-1 win over Shrewsbury during the weekend.Hesketh was substituted off after with 20 minutes and was replaced by Marcus Harness, who played a part in the club’s second goal.Clough said, according to Daily Echo:“I thought our two wide men, Jake Hesketh and Will Miller, got into some great positions in the first half and we didn’t get anything from them, enough quality crosses and things like that.”Jake HeskethMK Dons completes signing of Southampton Jake Hesketh Henry Ikenna Ugwu – January 31, 2019 Milton Keynes (MK) Dons have completed the signing of Southampton midfielder Jake Hesketh for a six-month loan deal.Hesketh spent the first six months of…“That’s our strength, especially against Shrewsbury’s formation.”“We were a bit disappointed in that, and ultimately that’s why they both came off – but the lads who replaced them did well.”Clough still insists that Harness deserved his chance to replace Hesketh during the game against Shrewsbury.Clough added: “Very much so. that’s why he got on.”“We’ve got Devante Cole we could’ve put there, we could put Joe Sbarra out there, and we felt Marcus deserved his chance.”last_img read more

Thuram reveals when he met Messi and advises Dembele

first_imgFrench legend Lillian Thuram, revealed details of when he first heard about Lionel Messi and sent Ousmane Dembele a bit of useful advice.French defender Lillian Thuram has been retired from football for some time now, he does altruistic work now and always finds time to reminisce about his past life as a player when he shared a dressing room with the likes of Lionel Messi between 2006 and 2008.During the time when Leo first played against a professional club even before his official debut, Thuram was part of that Juventus squad that the Argentine faced in a friendly match when both squads played the Gamper Trophy.The Frenchman missed the game at that time, but he remembers Lionel Messi’s name even from that time.“The first time I heard about Messi I was playing for Juventus,” Thuram told Marca.“The squad went to play the Gamper Trophy. I didn’t make it, I stayed in Turin. I believe I was coming back from the national team.”“When the squad returned, everybody kept talking about this 17-year old kid whose name was Messi and was impossible to stop.”“It was years later when I arrived in Barcelona, that I was able to assess that he would make it big. He was simply the best,” he added.FC Barcelona, Valencia CFMatch Preview: Barcelona vs Valencia Boro Tanchev – September 14, 2019 Is derby time in La Liga, as Barcelona welcomes Valencia to the Camp Nou Stadium tonight at 21:00 (CET).When asked about his compatriot Dembele’s discipline situation, Thuram had some words of wisdom to share with the young player.“He is a great player, that’s the most important thing. I would advise him to learn from the veterans,” he continued.“I was young as well and you have to learn from your elder when you arrive at any club. We can’t make a big fuzz out of the whole subject.”“If I only talked about all the football players who were undisciplined that I came across in my career, I would talk for a whole month,” he concluded.Thuram on Dembélé: “The important thing is he’s a top player. I’d tell him when you move clubs to learn from the veterans. There’s no need to turn his term into drama. If I could talk about the great players I’ve seen not doing the right things, I’d be talking for over a month.” pic.twitter.com/6U6d4EdsQm— Barça Centre (@barcacentre) December 26, 2018last_img read more

Alli Getting hit with water bottle made goal Vs Arsenal Sweeter

first_imgDele Alli said getting hit by a bottle at the Emirates Stadium in Tottenham’s 2-0 win over Arsenal made his goal “a little bit sweeter.”Tottenham Hotspur striker Dele Alli scored in the Spurs’ EFL Cup quarter-final victory at Arsenal, where he assisted the first goal 20 minutes in and sealed the win with a goal at the hour mark. Less than 15 minutes later, Alli got hit by a water bottle thrown from the stands, and he replied with a “2-0” gesture.“It is what it is. It made the goal a little bit sweeter – and the win,” Alli told Sky sports, according to FourFourTwo.The victory gave Spurs vengeance for their defeat at the same ground earlier this month, delighting Alli.Jose Mourinho is sold on Lampard succeeding at Chelsea Tomás Pavel Ibarra Meda – September 14, 2019 Jose Mourinho wanted to give his two cents on Frank Lampard’s odds as the new Chelsea FC manager, he thinks he will succeed.There really…“When we came here last time we didn’t get the result we wanted so we knew how important it was,” he said.“We wanted to go into the semi-finals. It was a big test for us and I think it was a strong performance in the end.“We knew how important it was to get the second goal. They’re a good team and can create chances at any moment so one goal sometimes isn’t enough.“I knew Harry [Kane] was going to play the ball, so all I had to do was time the run and finish it off.”last_img read more

Andrew Sullivan

first_imgBACK TO INDUSTRY INFLUENCERS • Representative of a growing number of journalists leveraging their professional brand on an independent, subscription-based digital content platform.• Left Newsweek/The Daily Beast in early 2013 to start The Dish as a member-driven website.• The Dish grossed $715,00 by July, with just over 27,000 paid subscribers, well within reach of its $900,000 year-end goal.last_img