FRANKFORT, KY. -- With support from some of Kentucky's top politicians and claims that it would create thousands of jobs, an effort to legalize industrial hemp -- the less-potent cousin of marijuana -- may have its best chance of passing the General Assembly.
Opposition from the Kentucky State Police has helped kill earlier efforts to legalize hemp, which can be processed into fiber for clothing or provide an oil used in skin- and hair-care products. Once legal, hemp production in the United States was centered in Kentucky. Production fell nationally after the mid-1800s, as cotton surged.
State police still oppose legalizing hemp, arguing in part that, because the plants look virtually the same as marijuana, it could impede drug enforcement efforts.
But the proposal to legalize hemp has gained momentum from the alliance of Kentucky Agriculture Commissioner James Comer, state Senate Agriculture Committee Chairman Paul Hornback, U.S. Sen. Rand Paul and the Kentucky Chamber of Commerce.
"This is something that you don't have to borrow any money (for) that will have an immediate impact of thousands of jobs," Comer said, based on an assumption that processors and manufacturers would locate in Kentucky if it is one of the first states to approve it. "We're ahead at something that relates to economic development for once, so let's pursue it."
Comer and Paul say the KSP's concerns are unfounded because growers of industrial hemp would be licensed and global-positioning system devices would identify legal crops and reveal others as illegal.
Comer's Senate Bill 50, sponsored by Hornback, R-Shelbyville, was filed earlier this month just before the legislature adjourned until February.
The bill would require growers to be licensed annually and have their backgrounds checked by the Agriculture Department. Each licensee would be required to plant a minimum of 10 acres to eliminate people who aren't serious from getting licenses.
Growers would have to keep sales contracts for three years and provide names of hemp buyers to the department.
Hemp seeds produce plants with less than 1 percent THC, the active ingredient in marijuana, which has between 3 percent and 15 percent THC.
Counting the votes
Comer said he believes there are 22 votes in the 38-member Senate in favor of the bill. But if it isn't assigned to Hornback's committee by Senate President Robert Stivers and other Senate leaders, it may never get to the floor.
"I'm afraid I see problems in the Senate," Comer said.
Stivers, R-Manchester, says some members are uncomfortable with the bill.
If the measure passes the Senate, it likely will face an even tougher battle in the House, where Agriculture Committee Chairman Tom McKee, D-Cynthiana, has blocked similar bills from getting a vote in the past
McKee has said the state police concerns resonate with him.
"I think we have some questions to answer, but I certainly don't want to close any opportunity for viable agriculture," McKee said earlier this month.
Gov. Steve Beshear said on a Lexington radio call-in show recently that his "only hesitation" is law enforcement concerns.
Even if an industrial hemp bill passed in Kentucky, it would still need federal approval. Federal drug policy effectively bans growing it, although other countries, such as Canada, allow it.
Paul, a Bowling Green Republican, has supported federal legislation to enable hemp production by classifying it separately from marijuana. Paul and Comer appeared together at the Kentucky State Fair last year to talk about their support for industrial hemp.
One of the businesses Comer frequently cites in support of his bill is Louisville-based Caudill Seed Co.
Dan Caudill, one of the owners, said his business would be interested in selling seeds to farmers, which could add a couple jobs to his company, which also has a natural foods division. More jobs would be possible if the company decided to process seeds that would be sent to manufacturers of hemp-based products, he said.
If legalized, Comer said he doesn't see corn and soybean growers in Western Kentucky switching to industrial hemp, but he said it would be a profitable alternative for growers in hillier areas whose land is now used for grazing and pasture.