How the Passage of the 2023 Farm Bill Potentially Affects the Kentucky Hemp Industry
Molly Gamble and Caroline Mosley
Introduction
The House and Senate are already holding committee meetings for the 2023 Farm Bill. “The farm bill connects the food on our plate, the farmers and ranchers who produce that food, and the natural resources-our soil, air and water-that make growing food possible.” [1] The bill covers a variety of topics, one suspects this upcoming legislation could address the lingering issues of the hemp production in the United States and within Kentucky. In 2018 The Agriculture Improvement Act removed hemp from the Controlled Substance Act, allowing legalization at the federal level. [2]
Kentucky History and Issue
In the past couple of years, Hemp production was predicted to save small scale farmers and replace the raising and selling of tobacco that once allowed farmers across the Commonwealth to feed and provide for their families.
Kentucky farmers are sharing a majority of the tobacco decline burden due to the state being responsible for some of the highest production numbers in the country. According to the U.S. Department of Agriculture, between our Commonwealth and the state of North Carolina, the two states accounted for 70% of tobacco production in 2018. [3] “In 2005, the $10 billion buyout of tobacco farmers and quota holders as part of the termination of the federal tobacco price support program sharply accelerated these trends. Smaller family tobacco farms are no longer the rule, but the exception as larger agribusinesses have taken their place. The trends in the amount of tobacco harvested in Kentucky reflects the declines in tobacco farms. In the past 20 years, tobacco production in the state has declined 54.0 percent, to 117.1 million pounds harvested in 2021.” [4] The decline is tobacco can be directly associated to increasing regulation against the use of cigarettes since the 1960s along with the serious health issues production workers face while harvesting tobacco, including nicotine poisoning, pesticides, and dehydration. [5]
Hemp could be the alternative crop that allows farmers a chance to get back on their feet while advocating for a more efficient environment. As tobacco sales continue to decline, the demand for hemp has greatly risen across the country as a main usage is within the production of cannabidiol or CBD. [6] Increased marketing and production of CBD can greatly propel Kentucky’s farmers into more of financial cushion as CBD is found in life altering medications, modern oils, foods, lotions, and cosmetics. [7] Currently, hemp is grown in 73 of Kentucky’s 120 counties. [8] It is rumored that the new Farm Bill would clearly identify and label CBD as non-intoxicating, which would therefore give hemp the Food and Drug Administration’s seal of safety. On July 28, 2022, agricultural leaders across the county testified in front of Congress regarding “An Examination of the USDA’s Hemp Production Program”. [9] One of the presenters included Dr. Ryan Quarles, the Commissioner of the Kentucky Department of Agriculture. [10] If hemp expansion and CBD regulation is included in next year’s Farm Bill, it will create a path for increasing hemp production across the Commonwealth to meet the country’s high demands.
Environmental Benefits
Hemp production can not only provide for the Kentucky economy but also holds a variety of positive environmental effects. Hemp can produce a biodegradable alternative to plastic that current consumes the globes oceans and landfills. [11] Additionally, hemp can slow the deforestation down by working as a wood replacement for flooring, roofing, insulation, and other building materials. By slowing the demand for cutting down trees we also promote the deceleration of climate change. Keeping trees helps eliminate carbon dioxide from our ecosystem, which alleviates climate change. [12] “Hempcrete is a natural material made using hemp shivs and lime that can replace concrete, drywall, and insulation. It is 7 times lighter so it’s easier to work with, and provides more efficient insulation, thermal regulation, and fire resistance compared to concrete.” [13] Kentucky farmers could also make hemp their most dependable crop of the season is it is naturally to most pests and has the ability to grow in multiple various types of soil. [14]
The versatility of hemp does not stop there, the plant also has the ability to be used as an alternative to fossil fuels and steel. Hempseed and oil are utilized in the production of biodiesel, a renewable green substitute for fossil fuels like petroleum diesel. [15] A simulation completed by scientists for the Journal of Cleaner Production concluded that “Hemp containing 2% lipids can yield up to 3.95 million gallons of biodiesel annually.” [16] When it comes to replacing steel, hemp not only can “manage close to two times the steel’s weight before splitting and shattering to bits,” but also be extremely more cost efficient. [17] Overall, the movement towards industrial hemp production not only benefits Kentucky, but the environment too.
Conclusion
Kentucky farmers are witnessing a time during our state’s history where their landscape could dramatically change. The benefits of revitalizing our Commonwealth’s dependency on tobacco production into hemp production are clear. While it is still uncertain what actual legislation the 2023 Farm Bill will include, Kentucky farmers can cross their fingers for an answer to a long-awaited prayer that could change the agriculture economy in Kentucky and allow them to exponentially grow a product that invests in the environment.
About the Authors
Molly Gamble is a first-year member on Volume 14. She graduated from the University of Kentucky with a major in Economics and Business. Molly is currently interested in probate and tax law, but is considering all avenues while in law school. When not studying, Molly enjoys traveling, exercise, and spending time with friends and family.
Caroline Mosley is a first-year member on Volume 14. Caroline attended the University of South Carolina, where she double majored in History and Political Science. She has worked in a variety of legal jobs; she is currently a law clerk at the Jefferson County Attorney’s Office, was previously an intern at the Fulton County District Attorney’s Office - Case Intake Division in Atlanta, and worked at a private law firm in Columbia in undergrad. Caroline is interested in criminal or civil litigation and loves to travel and hang out with friends in her free time.
References
[1] What is the Farm Bill?, National Sustainable Agriculture Coalition, https://sustainableagriculture.net/our-work/campaigns/fbcampaign/what-is-the-farm-bill/.
[2] CBD: What You Need to Know, Center for Disease Control and Prevention (Aug. 8, 2022), https://www.cdc.gov/marijuana/featured-topics/CBD.html.
[3] Crop Production 2018 Summary, U.S. Department of Agriculture (Feb. 8, 2019), https://www.nass.usda.gov/Publications/Todays_Reports/reports/cropan19.pdf.
[4] The Shrinking Role of Tobacco Farming and Tobacco Product Manufacturing in Kentucky’s Economy, Tobacco-Free Kids (Feb. 6, 2023), https://www.tobaccofreekids.org/assets/factsheets/0347.pdf.
[5] Luke Sharret, The Searing Beauty, and Harsh Reality, of a Kentucky Tobacco Harvest, The New York Times (Nov. 22, 2021), https://www.nytimes.com/2021/11/22/travel/kentucky-tobacco-harvest.html.
[6] Center for Disease Control and Prevention, supra note 2.
[7] Id.
[8] Kentucky Proud Hemp, https://ced.ky.gov/Hemp/.
[9] An Examination of the USDA Hemp Production Program: Hearing Before the Subcomm. on Biotechnology, Horticulture, and Research, House Agriculture Comm., 117th Cong. (2022), https://www.congress.gov/event/117th-congress/house-event/115061?s=1&r=8.
[10] Id.
[11] Aaron Cadena, 4 Remarkable Ways Hemp Can Save the Planet, CBD Origin (Nov. 21, 2018), https://medium.com/cbd-origin/4-remarkable-ways-hemp-can-save-the-planet-423380e3ad82#:~:text=Hemp%20can%20be%20used%20to%20produce%20a%20steel%20alternative%20that,%2C%20waste%2C%20and%20energy%20usage.
[12] Trees Help Fight Climate Change, Arbor Day Foundation, https://www.arborday.org/trees/climatechange/.
[13] Cadena, supra note 11.
[14] Logan Yonavjak, Industrial Hemp: A Win-Win For The Economy And The Environment, Forbes Magazine (May 29, 2013), https://www.forbes.com/sites/ashoka/2013/05/29/industrial-hemp-a-win-win-for-the-economy-and-the-environment/?sh=7767def2289b.
[15] Biodiesel Benefits and Considerations, U.S. Department of Energy, https://afdc.energy.gov/fuels/biodiesel_benefits.html.
[16] Mothi Bharath Viswanathana, Ming-Hsun Cheng, Tom Elmo Clemente, Ismail Dweikat, & Vijay Singh, Economic Perspective of Ethanol and Biodiesel Coproduction from Industrial Hemp, 299 Journal of Clean Production (May 25, 2021), https://www.sciencedirect.com/science/article/abs/pii/S0959652621010945.
[17] Using Hemp as a Building Material Alternative: Everything You Need to Know About Hemp and Steel, Allied Builders, https://www.alliedbuildings.com/industrial-hemp-construction/.