FRANKFORT—Industrial hemp legally grown in Kentucky is not considered marijuana. It
has only a fraction of THC—or tetrahydrocannabinol, a psychoactive compound—found in
marijuana. And state regulators aim to keep it that way.
Around 100 pounds of industrial hemp grown under Kentucky’s three-year old
Industrial Hemp Research Pilot Program were destroyed just three weeks ago after the
state found the crop had a higher THC level than the law allows. An April 13
Associated Press article on the destroyed crop reported that it registered THC
levels of between 1.2 and 0.4 percent, or slightly above the federal and state legal
limit of 0.3 percent.
Kentucky mandated 0.3 percent as the legal THC limit for industrial hemp grown in
the state four years ago when it passed legislation allowing industrial hemp
production as part of a state pilot program cleared by the 2014 U.S. Farm Bill. Hemp
grown under the state program is routinely tested—as the destroyed crop was—to
ensure that its THC level falls at or below the legal limit.
Questions about the destruction of the non THC-compliant crop were raised today
before the state legislative Tobacco Settlement Agreement Fund Oversight Committee
by Rep. Kim King, R-Harrodsburg. King asked for more information about what happened
with the crop from representatives of Atalo Holding of Winchester and Sunstrand of
Louisville, two companies that process industrial hemp at their facilities.
Atalo Holdings Chairman Andrew Graves said the crop is question was a variety most
commonly grown in the western U.S. “In this climate, when it’s grown, the THC level
tends to be a higher level than it should be.” He said there wasn’t any question
that the crop needed to be destroyed.
“It’s not a problem with us. We are used to regulated industries—tobacco is heavily
regulated—and so this is as well,” said Graves.
King said she is pleased the system worked.
“I’m very, very inspired and I’m very, very hopeful that the system caught a portion
of the crop that tested above the legal limit,” said King. “I just wanted some
additional discussion on that.”
Sen. Paul Hornback, R-Shelbyville, mentioned the use of industrial hemp in the
production of CBD or cannabidiol oil, which is extracted from hemp. CBD oil
reportedly helps with balance, mood, sleep, appetite and can help relieve pain. It
has also been known to help with epilepsy. And, since the oil is made from low-THC
hemp, it doesn’t create the sensation of being high, like marijuana can.
Hornback asked Graves and others testifying before the committee if medicinal
products made from industrial hemp, including CBD oil, are more effective if the THC
level is above 0.3 percent. Atalo Holdings Research Officer Tom Hutchens said that,
as of yet, is unknown.
“We don’t know the answer to that, truly, because there hasn’t been enough research.
I think it will probably get (to a) higher (level) somewhere along the line, but all
of this has to do with the national scope,” said Hutchens.
Graves said he’d like to see Kentucky increase its legal limit of THC in industrial
hemp from 0.3 percent to 1 percent to improve plant breeding options. That would
give Hutchens “some leeway, where he wouldn’t be under the scrutiny of law while
he’s trying to breed some new variety that could be indigenous to Kentucky and
beneficial to farmers here,” he said.
Cultivation of up to 12,800 acres of industrial hemp for research purposes has been
approved by the Kentucky Department of Agriculture (KDA) for 2017. That is nearly
three times the acreage approved for industrial hemp cultivation in 2016, according
to a press release from the KDA. Kentucky has “the largest state industrial hemp
research project program in the nation,” the KDA reports.
Some funding for hemp processing in Kentucky has come from the state’s share of the
national Master Settlement Agreement, a 1998 multi-billion dollar agreement between
major tobacco companies and 46 states including Kentucky. Spending of those funds
are overseen by the Tobacco Settlement Agreement Fund Oversight Committee.
