As a Recreational Drug, Industrial Hemp Packs the Same Wallop as Zucchini. So
Why Does
the U.S. Drug Enforcement Agency Continue to Deny America This Potent Resource?
Call It
Reefer Madness.
On an otherwise unremarkable day nearly 30 years ago, in a San Fernando Valley
head
shop, an ordinary man on LSD had an epiphany. The one thing that could save the
world,
it came to him, was hemp.
Thunderbolts come cheap on LSD, but this one looked good to Jack Herer even
after his
head cleared. The world needed relief from its addiction to oil and
petrochemicals.
From deforestation and malnutrition. From dirty fuels, sooty air, exhausted
soils and
pesticides. The extraordinary hemp plant could solve all those problems. Herer
was sure
of it. Thus began his journey as a heralding prophet.
For 12 years, Herer expanded his knowledge of hemp, burrowing deep into U.S.
government
archives and writing about his discoveries in alternative newspapers and
magazines. He
self-published "The Emperor Wears No Clothes," an impassioned rant for the
utilitarian
virtues of cannabis sativa, the ancient species that gives us both hemp and
marijuana,
which are genetically distinct. Experts agree that in contrast to marijuana,
cannabis
hempor industrial hemp as it is often calledhas no drug characteristics.
Herer's book, quirky but substantive enough to be taken seriously, inspired
thousands
and became an underground classic. The author has issued 16 printings over the
years,
revising and updating his material 11 times. Today, Herer is widely credited
with
launching the modern hemp movement, a persistent campaign by an eclectic
coalition of
environmentalists, legislators, rights activists, farmers, scientists,
entrepreneurs
and others to end the maligned plant's banishment and tap its potential as a
natural
resource.
Despite the book's over-the-top exuberance and occasional leaps of syllogistic
fancyor
more likely because of themit has sold 665,000 copies in seven languages. Or is
it
635,000 copies in eight languages? The prophet isn't sure as he pads across the
abused
gray carpet of his two-bedroom Van Nuys apartment, a flower-child domicile to
which the
benefits of even the most rudimentary housekeeping remain foreign. Beard
unkempt, hair
askew, Herer matches the décor. "How can they make the one thing that can save
the
world illegal?" he asks, no less astonished by this paradox now than he was
three
decades ago.
Herer's question is essentially the same one hemp advocates in the U.S. have
been
asking with mounting consternation for the past decade. They are asking it now
with new
urgency in response to the Drug Enforcement Agency's latest foray against hemp,
an
attempt since 2001 to ban all food products containing even a trace of hemp,
even
though the foods are not psychoactive. The California-based Hemp Industries
Assn. and
seven companies that make or sell hemp products won a reprieve for the industry
in
June, when the U.S. 9th Circuit Court of Appeals ruled the DEA's efforts
"procedurally
invalid." But the matter remains in litigation, and the hemp issue continues to
confound policymakers.
California's Legislature passed a bill on behalf of hemp not long ago that, in
its
final, watered-down form, could hardly have been less ambitious. Assembly Bill
388,
approved in 2002 by wide margins in both chambers, merely requested that the
University
of California assess the economic opportunities associated with several
alternative
fiber crops. But because one of the crops was cannabis hemp, then-Gov. Gray
Davis
vetoed the measure, leaving California uncharacteristically behind the curve on
a
progressive issue that many other states and nations have embraced in recent
years.
If all or even most of the oft-cited claims for hemp are true, the substance may
know
no earthly equal among nontoxic renewable resources. If only half the claims are
true,
hemp's potential as a commercial wellspring and a salve to creeping eco-damage
is still
immense. At worst it is more useful and diverse than most agricultural crops.
Yet from
the 1930s through the 1980s, many countries, influenced by U.S. policies and
persuasion, banished cannabis from their farmlands. Not just marijuana, but all
cannabisthe baby, the bath water, all of it.
Confronted with declining demand for their tobacco, farmers in Kentucky, where
hemp was
the state's largest cash crop until 1915, argue that commercial hemp could help
save
their farms. California doesn't face that particular dilemma but, in theory,
hemp
agriculture eventually could bestow innumerable benefits on the state, from tax
revenues to healthier farm soils and reductions in forest logging for wood and
paper.
Environmentally benign hemp crops could replace at least some of California's 1
million
acres of water-intensive and chemical-laden cotton.
Since taking root in the early 1990s, the hemp movement has made great progress
around
the world. Unfenced fields of the tall, cane-like plants flourish in Austria,
Italy,
Portugal, Irelandthe entire European Union. Great Britain reintroduced the crop
in
1993. Germany legalized it in 1996. Australia followed suit two years later, as
did
Canada. Among the world's major industrial democracies, only the United States
still
forbids hemp farming. If an American farmer were to fill a field with this
drugless
crop, the government would consider him a felon. For selling his harvest he
would be
guilty of trafficking and would face a fine of as much as $4 million and a
prison
sentence of 10 years to life. Provided, of course, it is his first offense.
This for a crop as harmless as rutabaga.
Prejudiced by nearly 70 years of government and media propaganda against all
things
cannabis, most Americans have no idea that hemp crops once flourished from
Virginia to
California. Prized for thousands of years for its fiber, the plant rode commerce
from
Asia to Europe in the first millennium and sailed to the New World in the
second.
American colonists grew it in the early 1600s. Two centuries later, hemp was the
nation's third-largest agricultural commodity. The U.S. census of 1850 counted
8,327
hemp plantations, and those were just the largest ones. California farmers
cultivated
it at least into the 1930s.
If all this seems hazy to the American mind, it's because cannabis hemp slowly
vanished
from our farms and our cultural memory. The abolition of slavery following the
Civil
War put hemp at a competitive disadvantage because its harvest and processing
required
intensive labor. The industry slowly declined to the brink of extinction as
cotton
captured the fiber market, but by the mid-1930s new machinery could efficiently
extract
hemp's fibers from its stalk, and the plant was poised for economic recovery.
The
February 1938 issue of Popular Mechanics hailed it as the "New Billion-Dollar
Crop,"
while a concurrent issue of Mechanical Engineering deemed hemp "The Most
Profitable and
Desirable Crop That Can Be Grown."
The trail grows murkier here, but the crucial element of this buried history
lies
beyond dispute: In 1935, the U.S. governmentin particular the Bureau of
Narcotics
(part of the Treasury Department and a predecessor to the present-day U.S. Drug
Enforcement Agency) and its chief, Harry J. Anslingerembarked on an
inflammatory
campaign to convince the public of the evils of marijuana.
The Hearst newspapers had acquired a taste for sensationalistic headlines and
lurid
stories about Mexicans and "marijuana-crazed Negroes" assaulting, raping and
murdering
whites. It was all nonsense, but Anslinger shamelessly parroted these myths and
concocted his own in congressional testimony and in speeches and articles,
branding
marijuana the "worst evil of all." In a 1937 magazine piece titled "Marijuana,
the
Assassin of Youth," he blamed suicides and "degenerate sex attacks" on the drug.
"Marijuana is the unknown quantity among narcotics," he wrote. "No one knows,
when he
smokes it, whether he will become a philosopher, a joyous reveler, a mad
insensate, or
a murderer." Prior to such calculated misstatements, few Americans had smoked
marijuana. Most had never even heard of it.
The government's motives for its attack on marijuana remain unclear. Researchers
have
proffered theories ranging from collusion with corporations threatened by hemp's
commercial potential to moralistic fervor and bureaucratic thirst for domain
once
Prohibition ended in 1933. Regardless of motives, the ensuing stigmatization,
red tape,
state and federal controls, punitive taxes and misconceptions about marijuana's
nature
and its relationship to hemp doomed any chance that hemp would be resurrected as
an
agricultural crop. Fewer and fewer farmers were willing to grow it, and
manufacturers
sought other resources for rope, twine, nets, sailcloth, textiles, paint and
other
fiber and oil products for which hemp is well suited. The government briefly
reversed
course during World War II, launching an aggressive "Hemp for Victory" campaign
that
implored U.S. farmers to grow the crop to alleviate wartime materials shortages.
But
after the war, hemp again faded into oblivion.
In 1957, a Wisconsin farmer harvested the last legal commercial hemp crop in
America.
The government's outright prohibition of the crop, a nonissue until interest in
hemp
renewed in the early 1990s, was formalized in 1971 with implementation of the
Controlled Substances Act, the centerpiece of U.S. drug policy.
Today's reawakened market faces an uphill battle in the U.S., not just because
source
materials can't be grown here but because decades of enforced hibernation have
left the
industry light-years behind in technology, infrastructure, research and
development,
marketing and public acceptance. Hemp Industries Assn., a consortium of about
250
importers, manufacturers, wholesalers and retailers, says that in the past
decade the
North American market has gone from virtually nothing to an estimated $200
million. Not
bad under the circumstances, but still a pittance for a plant that could clothe
and
house us, build and fuel our cars, enhance our diets and keep the front gate
from
squeaking.
Hemp has attracted many passionate advocates over the years simply because of
its
relation to the illegal drug. But a glance at hemp's résumé makes it clear why a
mere
vegetable could inspire a devout constituency that transcends the
counterculture.
Hemp's products, its proponents insist, are interchangeable with those from
timber or
petroleum. The fiber volume supplied by trees that take 30 years to grow can be
harvested from hemp just three or four months after the seeds go into the
groundand on
half the land. Hemp requires no herbicides, little or no pesticide, and it grows
faster
than almost any other plant: from seed to 10 feet or taller in just a few
months.
Unlike most crops, it actually enriches rather than depletes the soil. As a
textile it
has proven stronger than cotton, warmer than linen, comfortable to wear and
durable. As
a building material, its extraordinarily long fibers test stronger than wood or
concrete. As a nutrient it contains one of nature's most perfectly balanced
oils, high
in protein, richer in vitamin E than soy and possessing all eight essential
fatty
acids.
But because hemp contains traces of the chemical intoxicant known as
tetrahydrocannabinol, or THC, the U.S. government lists cannabis as a Schedule I
drug,
a category reserved for the most dangerous and medically useless drugs.
Methamphetamine, PCP and cocaine don't warrant that classification, but hemp
does,
right alongside heroin and LSD. The word hemp doesn't actually appear on the
list, but
the drug-war establishment, particularly the instrumental DEA, behaves as though
it
does by recognizing no distinction between varieties of cannabis.
The DEA sometimes seems bent on fomenting confusion. Two years ago, during his
brief
tenure as head of the agency, Asa Hutchinson stated that "many Americans do not
know
that hemp and marijuana are both parts of the same plant and that hemp cannot be
produced without producing marijuana." One reason many Americans do not know
this is
because it's not true. That's like saying beagles and collies are both parts of
the
same dog and that beagles cannot be produced without producing collies.
Unmoved by logic, accepted nomenclature or the realities of plant genetics, the
DEA
insists that all cannabis is marijuana. Does the agency also consider industrial
hemp
grown legally outside the U.S. to be marijuana? "Yes, we do," says Frank
Sapienza, the
agency's chief of drug and chemical evaluation. Since more than 30 other
countries
manage to distinguish between marijuana and industrial hemp and allow their
farmers to
grow hemp, one wonders what they know that the U.S. doesn't. "I'm not going to
comment
on what other countries do," Sapienza says.
The DEA argues that the revival of hemp farming in the U.S. will somehow
increase the
availability, use and public acceptance of marijuana. Hemp activists dismiss
this
argument out of hand, as does one of their most formidable allies, former CIA
Director
James R. Woolsey. Hailing from the political right, Woolsey vehemently opposes
any
loosening of America's marijuana laws. But in his experience, he says, most
people,
once they become informed about hemp, see no justification for America's
prohibition
against the crop. "They understand that there's not been any increase in use of
marijuana in, say, Europe or Canada as a result of industrial hemp cultivation.
It's
one of those issues in which there are no real substantive arguments on the
other
side."
Sapienza points out, as DEA officials often do, that the agency merely enforces
the
law. In truth, though, the DEA also interprets the law, creates exemptions to it
and
makes judgments that determine how statutory abstractions translate to
on-the-ground
realities. A case in point is the agency's declaration in late 2001 that all
edible
hemp productscereals, health bars, sodas, salad oils and the like, products
sold in
the U.S. for yearsare illegal. Hundreds of retailers were given a few months to
get
such items off their shelves. If a federal court hadn't intervened, a
multimillion-dollar industry would have been wiped out by a DEA decision to
reinterpret
existing law. For now, edible hemp products remain legal and commercially
available in
the U.S., pending a 9th Circuit court ruling expected sometime this year.
Despite hemp's stigma, state legislatures in recent years have been surprisingly
bold
in their willingness to address the issue. Though Davis vetoed California's 2002
bill
requesting research, in 1999 both the state Assembly and the California
Democratic
Party approved unambiguous resolutions supporting hemp commercialization. Twelve
other
states have passed similar resolutions or bills. Since 1997, North Dakota,
Minnesota,
Montana, West Virginia and Maryland have legalized cultivation, and in 2000, the
National Conference of State Legislatures passed a resolution urging the federal
government to clear the barriers to domestic hemp production. But entrenched
federal
opposition renders all these political machinations meaningless beyond symbolic
value.
The DEA, which is within the Justice Department, justifies its unbending posture
on
hemp with assertions that legal hemp agriculture would provide camouflage for
illegal
pot growers. From the air or at a distance, the agency says, industrial hemp and
marijuana are virtually indistinguishable.
"The DEA is wrong," says Indiana University professor emeritus Paul Mahlberg, a
plant
cell biologist who has studied cannabis for more than 25 years and is conducting
research on 150 different strains, both hemp and marijuana. "Hemp plants are
tall, 8 to
20 feet. Marijuana plants in the field are shorter." And cultivated hemp grows a
slender, nearly leafless lower stem, whereas marijuana strains are bred to be
"Christmas tree-like in appearance," with abundant leaves, glands and flowers in
which
are stored the intoxicating THC.
Marijuana's bushiness requires far more space per plant, says John Roulac, a
compost
expert and owner of the Sebastopol, Calif., health-food company Nutiva, which
imports
sterilized hemp seed from Canada for nutrition bars. From the ground or the air,
a hemp
crop looks significantly denser than a marijuana crop. "In a square yard, you
might
grow one or two marijuana plants, whereas with hemp you might have 100 plants,"
Roulac
says.
The argument about physical appearance should be a nonissue, hemp advocates say,
given
that the last place a marijuana grower would want to locate his drug crop is in
or near
a hemp field. The consensus among cannabis experts, supported by the logic of
plant
genetics and field studies, is that cross-pollination would sabotage the pot
grower's
efforts, causing his next generation of marijuana to be only half as potent.
This
genetic convenience delights hard-line anti-marijuana types such as Woolsey, the
former
CIA chief. He was skeptical about pro-hemp arguments when he first heard them.
"But
then I got into the science of it a bit, and it was quite clear to me that not
only is
[hemp cultivation] a good idea, it's a major headache for marijuana [growers],"
he says
with an impish laugh. If it were up to Woolsey, tall, lush fields of industrial
hemp
would be greening America, filling the sky with airborne pollen and frustrating
marijuana growers everywhere.
The DEA flatly rejects the idea that a hemp field would degrade any marijuana in
the
vicinity. A spokeswoman for the agency recently maintained that "it cannot be
said with
any level of certainty that a cannabis plant of relatively low THC content will
necessarily reduce the THC content of other plants grown in close proximity."
Hemp may be absurdly intertwined with marijuana, but the DEA could ease
restrictions on
hemp simply by removing marijuana from its list of most dangerous drugs. That
may sound
radical to a public conditioned to believe marijuana is as dangerous as heroin,
but
Mitch Earleywine, a drug addiction expert and associate professor of clinical
psychology at USC, doesn't think so. In reviewing about 500 marijuana studies
for his
recent book "Understanding Marijuana: A New Look at the Scientific Evidence,"
Earleywine found little or no scientific evidence for any of the most prominent
allegations against the drug, least of all that it causes violent or aggressive
behavior, decreases motivation or acts as a gateway to harder drugs. It is
addictive,
he says, but "it's nowhere near the caliber of, say, heroin, alcohol, nicotine,
caffeine, any of those drugs." Should it be a Schedule I controlled substance?
"In all
honesty, the idea that it has to be scheduled at all might be up for question,"
he
says. "Americans are just too freaked out about [marijuana]."
One of the most persistent charges against the hemp lobby is that it's really
just a
marijuana movement in disguise.
"Let's not play dumb here," says America's reigning drug czar, John P. Walters
of the
White House Office of National Drug Control Policy. "It is no coincidence that
proponents of marijuana have invested a great deal of time and money in an
effort to
expand hemp cultivation. They do this not, one presumes, from any special
interest in
industrial fiber resources, but from an earnest belief that more widespread
domestic
hemp cultivation will make the cultivation and distribution of marijuana easier,
and
that a legal hemp industry would frustrate law enforcement efforts against
marijuana
trafficking."
Unquestionably, the hemp and marijuana crowds overlap. Most pro-marijuana people
think
American farmers should be able to grow hemp, and many in the hemp movement
condemn
America's war on drugs and its marijuana laws. But the government's claim that
virtually everyone pressing for hemp cultivation has a hidden agenda amounts to
a sort
of psychotropic McCarthyism. Eric Steenstra represents a Hungarian hemp textile
producer and runs an Internet-based advocacy organization called Vote Hemp.
"Industrial
hemp is a peripheral issue to the drug war, but it has gotten caught up in it,"
he
says. "It's frustrating. You can't discount this movement as being just a bunch
of
stoned hippies following the Grateful Dead."
Quips former Kentucky Gov. Louie B. Nunn: "Should we listen when Canada's Royal
Mounted
Police report no problems regulating hemp, or are they also working to legalize
marijuana?"
Yes, there is Woody Harrelson, but the class photo also includes Nunn, Ralph
Nader,
Hugh Downs, Ted Turner and Woolsey, who sits on the board of directors of the
North
American Industrial Hemp Council, an advocacy organization founded in 1995.
"They've tried to tie us to the marijuana movement all along, and they can't get
it
done," says Erwin "Bud" Sholts, chair of the hemp council. Sholts is a
69-year-old
farmer whose career as an alternative crop researcher for the state of Wisconsin
convinced him America should consider hemp a valuable resource, not an outlaw
crop. "If
the rest of the world wants to make marijuana legal, that's fine, but we're
interested
in the agriculture crop."
When Jack Herer began his quest to emancipate hemp, he just assumed that
everyone would
find the essential facts about the plant's qualities so compelling that the
battle
would be won in six monthstwo years, tops. That was 29 years ago.
One of the many people intrigued by Herer's book was Dave West, a Midwest plant
breeder
with a doctorate in breeding and genetics. His curiosity about hemp had already
been
piqued by something he witnessed in the mid-1980s as he toiled one sweltering
day in a
Wisconsin cornfield. A helicopter suddenly appeared low in the sky, then hovered
over
an adjacent field while several men rappelled to the ground. It was a
drug-enforcement
operation going after wild marijuana. "Which, as a plant breeder and as somebody
who
grew up in Wisconsin, I knew was preposterous," West recalls. "I knew this was
feral
hemp and nobody wanted it, and that's why it was growing as a weed out there and
nobody
was picking it."
Since 1979, at a cost of millions of dollars annually ($13.5 million in 2002),
the DEA
has orchestrated an ambitious campaign of "marijuana eradication." The scene
West
observed in the cornfield was, and still is, a common one: a marijuana
eradication team
eradicating not marijuana but harmless feral hemp, often called "ditchweed."
Escaped
remnants from commercial hemp harvests of long ago still grow along railroad
tracks and
fence lines and in fields and culverts throughout America's heartland. Justice
Department statistics show that year after year, as much as 98% of the "wild
marijuana"
the DEA pulls up is actually ditchweed.
"Here was an agency of the government that was selling this line"calling
ditchweed
"marijuana""that was obviously a perversion of reality," West says. "This is a
genetic
resource issue. Instead of collecting, preserving and working with it, we're
sending
the DEA to rappel down from helicopters to pull it out and destroy it wherever
they can
find it."
From July 1999 until recently, West presided over a state-sanctioned,
corporate-funded
quarter-acre test plot of cannabis on the Hawaiian island of Oahu. He possessed
the
only DEA license to research cannabis for industrial use. To meet DEA
requirements, he
fortified his site with better security than you'd find at a typical Russian
nuclear
stockpile. Ten-foot-high fencing topped with barbed wire, an alarm siren,
infrared beam
perimeter. You'd think he was manufacturing enriched plutonium.
For nearly four years West worked to develop a strain of cannabis ideal for
cultivation
as industrial hemp in the United States. Funding proved difficult given that
investors
and grants don't tend to find their way to research for a crop that has been
illegal in
this country for 33 years. But when he shut down the project last fall, West
says, his
decision wasn't prompted so much by money woes as by the federal government's
"strong
and entrenched opposition to hemp." In a written statement he handed to DEA
agents
Sept. 30, the day he walked off the property for good, he left no doubt about
his
feelings. "I quit in protest," his statement said.
A few months earlier, he had begun girding himself for the unpleasant task of
eliminating the very thing his labors had created. "When I pull the plug," he
lamented
with wry sarcasm, "the DEA will require that the seed be destroyed. It is, after
all a
narcotic with no known redeeming use here on this flat earth."
The DEA agents did indeed require West to destroy the seed. The government shows
no
signs that it will allow industrial hemp to be grown in the United States
anytime soon.
* Sidebar: A Cannabis Primer
Because they're often used interchangeably, the terms cannabis, hemp and
marijuana can
be confusing. While cannabis encompasses all varieties of the species, hemp,
often
called industrial hemp, has come to mean a few dozen nonintoxicating varieties
of
cannabis bred and cultivated for commercial ends: clothing, paper, food,
biofuels,
biodegradable plastic, building materials, automobile parts, insulators, paints,
lubricantsthe list of possibilities goes on.
Marijuana, on the other hand, refers strictly to the cannabis drug plant, of
which
there exist endless varieties differentiated by the amount of intoxicating
substances
they contain, notably tetrahydrocannabinol (THC). Today virtually all strains of
cannabis are the product of human alteration, manipulated by scientists,
breeders and
drug dealers to increase or decrease THC content and other characteristics to
suit
their purposes.
Mitch Earleywine, a drug addiction expert at USC, says marijuana typically
contains a
THC concentration of 2% to 5%, and some strains have measured as much as 22% or
higher.
By contrast, industrial hemp has been reduced by breeders to 0.3%, a trifle that
authorities agree produces no psychoactive effect.
* Sidebar: The Myth of Hemp Licensing
If you want to apply for a license to grow commercial hemp, you must solicit the
U.S.
Drug Enforcement Agency. The DEA consistently claims that no prohibition on hemp
farming exists in this country, as if to suggest that all one need do is file
the
proper paperwork and make a reasonable case.
"We don't have any preconceived notions that we are or are not going to approve
or deny
any application," says Frank Sapienza, the DEA's chief of drug and chemical
evaluation,
implying that every case is a judgment call that could go either way.
Nonetheless, the agency has rejected every application it has ever received. How
many?
There's no tellingliterally. The agency will say only that "the DEA does not
have
records of the number of applications received for such activities"an
extraordinary
claim from an organization that documents every marijuana plant that it and
cooperating
law enforcement agencies uproot from U.S. soil. (In 2001, the total was
3,304,760
plants, though nearly all of them were feral hemp, or "ditchweed," not
marijuana.)
Any denial that there is a U.S. hemp prohibition contradicts a salient fact: The
DEA
has never approved an application for commercial hemp cultivation.
Lee Green last wrote for the magazine about secular ethicist Michael Josephson.
The Demonized Seed
http://www.freedomtoexhale.com/herer.htm
Source: Los Angeles Times (CA)
Author: Lee Green, Special to The Times
Published: January 18, 2004
Contact: letters@...
Website: http://www.latimes.com
Jack Herer
http://www.jackherer.com
Electric Emperor
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