Global Ganja Report

The original peoples of what is now the United States were left in legal limbo in the wake of the 2018 Farm Bill, which made hemp cultivation again lawful. Federally recognized Native American tribes could not cultivate under state regulation, because the states have limited jurisdiction on their reservations. But the US Agriculture Department dragged its heels in issuing federal regs that could apply on these lands. Caught between two sovereigns, many farmers in Indian country are asserting their right to cultivate hemp under the un-extinguished sovereignty of their own Native nations.

In the near future, the CBD, THC or other cannabinoids you consume in edibles or medications may not be derived from cannabis at all, but grown in a laboratory.

Kevin Chen, CEO and co-founder of Hyasynth Bio, describes the Montreal-based start-up as "focused on engineering strains of yeast to produce the active compounds of cannabis without having to grow plants."

CBD products are now everywhere—health-food emporia, pharmacies, truck-stops. And pursuant to the 2018 Farm Bill, they are now legal—as long as the CBD is derived from “hemp” as opposed to what has traditionally been called “marijuana.” Hemp, as legally defined, is cannabis with under 0.3% THC—the psychoactive component of the plant, responsible for the long-stigmatized “high.”

But even the hempiest hemp—rope, not dope, as they used to say—usually has some THC.

The autumn of 2019 saw the United States' first hemp harvest since effective prohibition of the crop under the strictures of the Marihuana Tax Act in 1937. These strictures were overturned in the Farm Bill signed into law by President Trump in the closing days of 2018. This harvest was looked to eagerly across much of rural America, as legal hemp had been plugged as a salvation for the nation's struggling farmers—and the soaring popularity of CBD appeared to provide a booming market. The fashionable cannabinoid had also been legalized by the 2018 Farm Bill—when derived from hemp, or cannabis with less than 0.3% THC.

Hemp’s Curious Cultural Trajectory

Now that hemp has finally arrived at its long-sought status as a legal crop and commodity, there is a sense of inevitability to its deviation from the utopian vision that animated the advocates who fought for it a generation ago.

A tension that has always existed between two currents in the subculture of hemp advocacy is increasingly weighted toward the more mundane—activists versus entrepreneurs, idealism versus pragmatism, agrarianism versus agribusiness. And finally the original paradigm of a crop with multitudinous uses as “food, fuel and fiber,” holding the potential to solve humanity’s ecological crisis, versus the hegemony of CBD.

Can Rural America's Expropriated Use a New Crop to Forge a New Agrarianism?

Green Heffa Farms, in North Carolina’s Piedmont, has emerged as a national symbol of vision and success in America’s new hemp economy. As a producer of boutique full-spectrum hemp-flower products, it has won a cachet in the industry—which is augmented, at least in more enlightened sectors, by the fact that it is Black-owned, and has an overt political consciousness.

Green Heffa’s CEO is Clarenda Stanley—popularly known as Farmer Cee. She was featured in the April issue of Oprah Winfrey’s O Magazine, and was last year the 2019 “Featured Farmer” for National Hemp History Week.

One of the most iconic events in Jamaica's history as an independent country was the One Love Peace Concert of April 22, 1978, organized by reggae superstar Bob Marley in response to the wave of deadly political violence that was then gripping the island nation.

At the climax of the event, Marley, amid a rendition of his hit "Jammin'," brought Jamaica's two rival political leaders on to the stage at the National Stadium in Kingston, and made them shake hands. They were both reluctant, and the shake was awkward, mutually grudging. But it happened, an ebullient Marley standing between the two sullen statesmen, literally guiding their hands together with his own.

One of these two rivals was then Prime Minister Michael Manley, a populist of the left. The other was his conservative opponent, Edward Seaga—who has just died on his 89th birthday, May 28.

There is a growing consensus among hemp advocates that the 0.3% limit for THC content is arbitrary and is holding back the industry. And the man widely credited with arriving at this limit himself agrees.

The Contested Border
"It seems like it is pretty much pulled out of air. We ought to be looking to science to determine an appropriate threshold, determine the level at which cannabis is psychoactive and make that the standard."

This typical view is offered by attorney Patrick Goggin of Hoban Law Group, the international firm specializing in cannabis. Goggin is one of the industry's legal heavy-hitters, and has particular experience in the question of the contested border between hemp and marijuana.