Industrial Hemp Farming Act of 2009

The Industrial Hemp Farming Act of 2009 is a bill that was introduced in the United States House of Representatives by Ron Paul ( R – Texas ) and Barney Frank ( D – Massachusetts ) on April 2, 2009. [1] Also known as HR1866, the bill clarifies the differences between marijuana and industrial hemp as well as repeals federal laws that prohibit American farmers from cultivating industrial hemp. Industrial hemp is the non- psychoactive , low- THC , oilseed and fiber varieties of thecannabis sativa plant. [2] Hemp is a sustainable resource that has been used for fuel, fabrics, paper, household products, and has been used for centuries of civilization around the world. If HR1866 passes American farmers will be allowed to compete in global hemp markets. On March 10, 2009, both Paul and Frank wrote a letter to their Congressional colleagues urging them to support the legislation. [3] [4] This bill was previously introduced in 2005 under the title of Industrial Hemp Farming Act of 2005 .

The bill

To amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress , SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Industrial Hemp Farming Act of 2009’. DRY. 2. EXCLUSION OF INDUSTRIAL HEMP FROM DEFINITION OF MARIHUANA.

Paragraph (16) of section 102 of the Controlled Substances Act (21 USC 802 (16)) is amended– (1) by striking `(16) ‘at the beginning and inserting` (16) (A)’; and (2) by adding the following new paragraph: `(B) The term` marihuana ‘does not include industrial hemp. As used in the preceding sentence, the term ‘ industrial hemp ‘ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis . ‘. DRY. 3. INDUSTRIAL HEMP DETERMINATION TO BE MADE BY STATES.

Section 201 of the Controlled Substances Act (21 USC 811) is amended by adding: (i) Industrial Hemp Determination To Be Made by States- In any criminal action, civil action, or administrative proceeding, (B) de paragraphe (16) de section 102 ‘ [5]


The Marihuana Tax Act of 1937 is the beginning of the growth of marijuana in the United States. An extremely high tax was placed on marijuana; making it nearly impossible to grow industrial hemp. However, congress expected the production of industrial hemp to continue, but the Federal Bureau of Narcotics and its successor, the US Drug Enforcement Administration , continued. [6]


The United States is the only developed country which still bans the growth of industrial hemp. 16 states have passed pro-hemp legislation . quote needed ]

Due to the fact that American farmers are unable to legally cultivate, the United States has been unable to compete in the global market . By passing this bill American farmers can reduce the trade deficit and ultimately benefit the local market. This would also encourage jobs in various industries such as food, auto parts, clothing, and other various industries.

Dr Bronner’s Magic Soaps, most of the bird seed sold in the US, and even the car companies Ford and BMW , historically and currently, experimented with hemp materials in their vehicles. Meadow Bakery, Hempzels, Living Harvest, Nature’s Path and Nutritize their products from Canadian hemp. [7] These industries would no longer have to produce products.

However, National Drug Control Policies oppose this act because they feel that hemp seedlings could be mixed with marijuana plants. [8] They feel that it would be very difficult to detect the difference between the two. [8]

Ruling of proposed bill

Along with the Industrial Hemp Farming Act of 2005 and the Industrial Hemp Farming Act of 2007, the bill has been introduced and referred to the Committee, but never made it any further. [9] Therefore, this bill was never passed and made law.


Currently, the word “marijuana” is the accepted spelling. However, “marihuana” was the most commonly used and frequently used form in the United States . That is why, as stated in the bill , marijuana is spelled “marihuana;” to maintain consistency across government documents. [10]

See also

  • Cannabis in the United States
  • Legal history of cannabis in the United States
  • Gonzales c. Raich
  • Medical marijuana
  • States’ rights


  1. Jump up^ Lochhead, Carolyn (2009-04-03). “Barney Frank and Ron Paul team up on hemp” . San Francisco Chronicle . Hearst Corporation . Retrieved 2009-04-03 .
  2. Jump up^ Ernest Small, David Marcus (2010-02-17). “Hemp: A New Crop with New Uses for North America” (PDF) . Trends in New Crops and New Uses. 2002 . Retrieved 2011-02-18 .
  3. Jump up^ Let American Farmers Compete In A Global Booming Market – Cosponsor The Industrial Hemp Farming Act,Ron PaulandBarney Frank, 2009-03-10.
  4. Jump up^ Lillis, Mike (2009-04-03). “Paul, Frank Introduce Hemp Legalization Bill” . The Washington Independent . Retrieved 2009-04-03 .
  5. Jump up^ “Industrial Hemp Farming Act of 2009” . Bill Text 111th Congress (2009-2010) .
  6. Jump up^ “Hemp Facts” . NAIHC .
  7. Jump up^ “News: Press Releases: 2-13-07” . Hemp Vote 2007-02-13 . Retrieved 2011-04-15 .
  8. ^ Jump up to:b Richard Luscombe in Miami (2006-08-29). “Californians to defy US hemp ban on ‘environment friendly’ cash crop | World news” . London: The Guardian . Retrieved 2011-04-15 .
  9. Jump up^ “Industrial Hemp Farming Act of 2009” . .
  10. Jump up^ Luscombe, Richard (2006-08-29). “Californians to defy US hemp ban on ‘environment friendly’ cash crop ‘ . . London.