Frankfort, KY – It had a finish fitting of March Madness as time ran down on the legislative clock and a last second shot to pass the hemp bill (Senate Bill 50) hit nothing but net.
But the outcome of the game was in question right down to the waning minutes of the recently adjourned 2013 General Assembly session as “coaches” on each side worked to hammer out a compromise and give Kentucky an administrative framework for growing industrial hemp.
The bill, which passed the full Senate and House Agriculture and Small Business Committee with overwhelming support, seemed doomed once it made its way to the House floor. There, House Speaker Greg Stumbo stopped action on the bill citing many reasons including his concern as to whether the bill was even needed.
But House Majority Floor Leader Rep. Rocky Adkins stepped in offering an amended version just days before the session was scheduled to end.
Some of the provisions in that version were not well received by hemp supporters, but Adkins and SB 50 sponsor Sen. Paul Hornback worked out compromises enabling passage.
Hornback said had it not been for the actions of Adkins, getting passage would have been a lot harder.
“Without his involvement from the House side, I think it would have had a very difficult time,” he said.
While some of the changes were acceptable by the pro-hemp team, others were not. But by the time all the compromises were made, Hornback said he was pleased with the form of the bill that passed.
“I wanted to make sure the (hemp) commission stayed strong. The goal of the commission was to promote hemp and try to make a go of it, if it gets legalized in the state,” he said. “I think we are set to move forward on it with the framework in place.
Under provisions of the bill, the Kentucky Hemp Commission stays attached to the Kentucky Department of Agriculture and the head of the commission will be elected by the board members. Currently the commissioner of agriculture is designated as the chair but will now be moved to vice-chair. The original amended version presented by Adkins called for the Kentucky State Police commissioner to serve in that capacity. Hornback said when negotiations began he told House leadership that was a “non-starter” and something he could not live with.
Current KSP Commissioner Rodney Brewer has publicly come out against growing hemp in the state saying it would be too hard to distinguish it from marijuana.
“You’ve got to have somebody in there that is committed to it and is willing to push it forward…and that’s why I wasn’t at all in favor of it,” Hornback said.
The original amended version also called for a five-year study to be conducted by the University of Kentucky. Agriculture Commissioner James Comer said waiting for such a study would put Kentucky at the end of the line in production instead of first place with an intact SB 50 and a waiver from the government allowing the state to begin growing hemp sooner rather than later.
The compromise allows for such a study through demonstration plots by UK or any other university that wants to participate. But at any time during that five-year period if the ban against growing hemp was lifted by the federal government, Kentucky could then begin production rather than follow through with those studies. The bill also calls for KSP to be the agency to conduct background checks on would-be producers.
The bill passed the House by an 88-4 margin and was immediately sent back to the Senate where it passed the amended version 35-1.
“This historic legislation puts Kentucky in position to be first in line if and when the federal government legalizes production of industrial hemp,” Comer said after the vote. “By passing this bill, the General Assembly has signaled that Kentucky is serious about restoring industrial hemp production to the Commonwealth and doing it in the right way. That will give Kentucky’s congressional delegation more leverage when they seek a federal waiver allowing Kentucky farmers to grow hemp.”
The bill has moved to Gov. Steve Beshear’s desk. He has until Saturday to decide a course of action. He has voiced apprehension in the past due to the concerns raised by law enforcement.
“I don’t know whether the Governor will sign it or choose just to not sign it, but I don’t expect him to veto it. So I think we’ll get that done then we’ll try to go to Washington and see it we can get it passed there,” said Hornback.
Comer plans to lead a delegation to Washington within months to try and gain a waiver from federal officials.
“I will work closely with Senators Rand Paul and Mitch McConnell and Representatives John Yarmuth and Thomas Massie to put Kentucky first in line if and when the federal government allows industrial hemp production,” he said. “We are closer to our goal of bringing hemp back to Kentucky than we have been in more than 60 years, and our work continues.”
Hornback said he hopes the federal government sees an opportunity in allowing hemp to once again be grown here as well as the rest of the country.
“I hope Kentucky leads that charge but I hope they see the opportunity to grow jobs and bring in a new industry not only for Kentucky but for the entire U.S.,” he said.
With $419 million worth of imported hemp products sold in this country last year, Hornback added that there is no reason not to be producing it here.