It’s hard to browse a news feed, turn on the television or read a magazine without coming across headlines about hemp and all its many uses. It’s generating serious buzz. Really.
Hemp is a variety of the plant species Cannabis Sativa; another variety is marijuana. Marijuana has been bred for its potent, resinous glands which contain high amounts of tetrahydrocannabinol (THC), the cannabinoid most known for its psychoactive properties, producing the “high” for which the plant is famous. Hemp, on the other hand, is a term used to classify a Cannabis Sativa variety that contains only trace amounts of THC (0.3 percent or less, by dry weight). While the legal definition had not been legitimized until the federal Agricultural Improvement Act of 2018 had passed, “hemp” has generally been used to describe non-intoxicating Cannabis that is harvested for processing into a multitude of beneficial products.
Touted for its agricultural, industrial and commercial potential, hemp is useful in products ranging from feed to fiber and fuel, pharmaceuticals, building materials, cosmetics and clothing. Cannabidiol (CBD) oil, extracted from hemp without THC, is a homeopathic remedy gaining momentum in the health and wellness community and available in a variety of forms — gummies, lotions and tinctures. CBD oil is thought to help alleviate a range of health issues, including inflammation, pain, anxiety, sleep disorders, epilepsy, nausea and many other ailments.
While hemp-based products are soaring with popularity, using them was taboo less than a decade ago. For nearly a century, hemp was outlawed throughout the United States. Yet, this crop was a source of food, rope, paper, clothing and medicine for our ancestors who settled in this country.
The hemp and human connection dates back as far as 8,000 BC. Archeologists recovered hemp cloths in regions associated with ancient Mesopotamia (present-day Iran and Iraq). Indigenous people used durable hemp fibers to create textiles. Meanwhile, those who lived in present-day India, China and Taiwan used hemp seeds and oil for food sources, as well as to make pottery and medicine. Hemp was held in such high regard that ancient texts originating in India, The Vedas, referred to it as one of the five essential plants, along with soma, barley, rice and one other. The last of the five is obscure and ancient, difficult to decipher. Hemp, or cannabis, was called “sacred grass.” Really.
Although hemp flourished in areas that we know today as Asia, the hardy plant can be grown in a variety of climates. As our ancestors migrated west, they brought hemp along with them to make shelter, sails, food, and eventually, medicine.
Hemp made its way to the new world in 1606. Once Jamestown was established in 1607, the first line of action was to transform some of the fertile soils of Virginia into robust hemp fields. In 1619, because it was such an important resource, it was illegal not to grow hemp in Jamestown, as well as in colonies in Massachusetts and Connecticut. During the 1700s, subsidies and bounties were granted in Virginia, Pennsylvania, New York, New Jersey, North Carolina, South Carolina, and the New England states to encourage hemp cultivation and the manufacturing of cordage, cloth, canvas and paper. Hemp was the fiber of choice for maritime uses because of its natural decay resistance and its adaptability to cultivation. Each warship and merchant vessel required miles of hemp line and tons of hemp canvas. Most of the fiber grown in the New World was destined for British markets, although at least some was used for domestic purposes.
Courtesy of Hanover Hemp.
Hemp fiber was so important to the young republic that it was considered a patriotic duty for farmers to grow it. It was even considered legal tender — farmers could use hemp to pay their taxes. The first drafts of the Declaration of Independence were penned on hemp paper. George Washington grew hemp and encouraged all citizens to sow hemp widely. Thomas Jefferson bred improved hemp varieties and invented a special mechanism for crushing the plant’s stems during fiber processing. Throughout the nineteenth century, America continued to rely on this durable plant. Congress went as far as enacting a law in 1841 that required the U.S. Navy to purchase hemp from domestic farmers.
By 1850, hemp was listed in the United States Pharmacopeia. In this important historical text, medicines derived from hemp were listed for the treatment of everything from hysteria to gout and tetanus. It wasn’t long before hemp was included in many over-the-counter products.
Ultimately, hemp’s use as a crop was crippled by politics when a nearly century-long prohibition went into effect. At the beginning of the twentieth century, the United States experienced a cultural shift, with Americans leaning more toward conservative values. Also, there was no reliable technology to distinguish between hemp and marijuana. Further complicating the hemp issue was that it was a competitor of cotton and pulpwood, and a few powerful industrialists lobbied loudly against it. This led to a propaganda movie in 1936 called Reefer Madness, which portrayed cannabis as the most dangerous drug in the world.
Courtesy of Hanover Hemp.
Courtesy of Hanover Hemp.
In 1937, following the end of alcohol prohibition, the federal government passed the “Marihuana” Tax Act, which placed a hefty tax on the sale of cannabis and effectively made hemp cultivation not worth the cost. This law turned over the regulation of hemp production to the Department of Revenue, which was then responsible for licensing all hemp growers. In 1970, with a national mindset fixed on “the war on drugs,” hemp farming was banned altogether in the U.S. with the passage of the Controlled Substances Act, in which hemp was included as a Schedule 1 drug (a substance with a high potential for abuse). THC concentration was irrelevant; all cannabis growing was illegal. The punishment was comparable to that of the possession of heroin, LSD and cocaine.
Eventually, however, as America’s interests gradually turned to developing renewable, cost-effective resources for fuel, feed, fiber and pharmaceuticals, interest in hemp as an alternative crop re-emerged. The hemp industry in the U.S. received a boost with the passage of the 2014 Farm Bill, which allowed “institutions of higher education” and state agriculture departments to grow hemp under a pilot program, as long as state law permitted it. Additionally, the 2014 bill established a definition of industrial hemp, officially setting the THC threshold in the U.S. at 0.3 percent on a dry weight basis. Within Virginia, James Madison University, University of Virginia, Virginia State University and Virginia Tech began research programs. Other universities followed with research of their own. The Virginia Department of Agriculture and Consumer Services (VDACS) was tasked with testing the hemp grown by universities.
The Virginia General Assembly established a program in 2018 that allowed farmers to grow industrial hemp without being associated with a university research program. Registration with VDACS made the crop a legal product. The 2018 Industrial Hemp Grower Registrations authorized growing the crop in 55 Virginia jurisdictions, indicating the potential interest in the agricultural community. The focus at the time was on producing the fiber in the stalk and the potential use of the oil in the seeds for biodiesel fuel. VDACS did not permit farmers to grow hemp in order to extract cannabidiol (CBD) and sell it for distribution to those without a state registration. The state was unwilling to allow the growers to produce CBD to supply the stores selling CBD-infused products.
However, later in 2018, President Donald Trump signed into law the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), which confirms the legalization of hemp and provisions for its cultivation, transport and sale. States were then allowed to license farmers who planned to grow hemp for CBD, so long as the plant contained less than 0.3 percent THC. A product containing CBD derived from licensed hemp growers, and processed consistently with all state and federal regulations, was no longer classified as a Schedule 1 substance. In 2019, Virginia adopted legislation to conform with the farm bill. The legislation went into effect in time for the June to October growing season and was adjusted to include hemp-derived extracts (like CBD oil) intended for human consumption as approved food additives, subject to food safety inspections.
State law today, states that: “To legally possess hemp plants, viable hemp seed, hemp microgreens, hemp leaves, or hemp flowers in Virginia, you must be a registered Industrial Hemp Grower, Dealer, or Processor, or an agent of one of these registrants for the purpose of growing, dealing or processing.”
Legalization initially created a challenge for state officials. Virginia State Police had a laboratory test to determine if the plant had a THC concentration below 0.3 percent, but no field test that could distinguish industrial cannabis from intoxicating cannabis. If a person with a grower, dealer, or processor registration was caught with a product above the legal limit, or thought to be marijuana, it could be sent to a lab for testing and if the THC concentration exceeded the legal threshold, the person could be charged with drug possession. At the very least, the farmer’s product was destroyed. However, testing methods have improved, and there are currently facilities available so that farmers can test their crops throughout the growing season. VDACS oversees the system.
Justin Flagg, Duke Diamond, Jonathan Flagg, and Walter Smith. Courtesy of Hanover Hemp.
Most farmers are exercising caution and choosing to start small, although there are a few who have thrown caution to the wind and have gone all in. At the beginning of the 2019 growing season, more than 800 growers had registered with VDACS. If growers’ estimates were accurate, it would have amounted to more than 8,500 acres of hemp planted for the season.
Jonathan Flagg of Hanover Hemp is one local pioneer in the hemp industry. He and his partners, brother Justin Flagg of Greenfield Landscaping and cousin Walter Smith of Edgewood Farm, all with Virginia Tech backgrounds, took a measured approach to the emerging hemp market. Coordinating with university research advisors, the group planted eight acres their first season and 14 acres this past season. Their focus was organic hemp cultivation for CBD oil extraction. After one small harvest initially, their latest yield was two pounds of dry weight per plant, and they called it a success. They tested every two weeks to make sure they were maintaining the THC limit of 0.3 percent. They sent samples out to offsite labs and usually got results within seven to nine days.
Even with expert guidance, “It’s a brand-new crop, and there’s very little information to go on right now,” Jonathan Flagg said. “We’re working by trial and error. It’s a tough market to maneuver at the moment.” He added that, “Virginia has been very responsive and good at getting a lot of things fast-tracked and approved.”
Although hundreds of farmers decided to take a chance on the crop, experts say there’s still much to learn about hemp and how best to grow it in Virginia. Ironically, despite its potential as a commodity crop for feed, fiber and flowers, research has found that hemp’s versatility may in fact get in the way of a smooth rollout of the plant as an important new crop. Each type of hemp product requires a different mode of cultivation, testing and processing by the farmer. In general, hemp stems and stalks are processed for fiber and related products, while leaves and flowers are processed for CBD oil and medicinal products. Hemp seeds are ground for oil extraction and as healthy food additives. And the list goes on.
Like all farmers, hemp pioneers have dealt with price fluctuations, storms, bugs, disease and anything Mother Nature decides to throw their way. Other challenges include the availability of processing facilities, the price of seeds, crop yields, and what varieties of industrial hemp are capable of thriving in Virginia’s different regions. “We’re working with a whole new crop in a new region,” Flagg said. “It’s one big experiment.”
Although the prospects for hemp farming in Virginia look promising, the issues facing growers require balancing the possibility of great rewards with plenty of risk. Opportunities exist for cashing in on hemp as an alternative or supplemental crop, but only time will tell the tale.