HEMP or not YUMA COUNTY SHERIFF CHAD DAY 2015 PROGRESSIVE15 HEMP EXPO, AKRON, CO.

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Presentation transcript:

HEMP or not YUMA COUNTY SHERIFF CHAD DAY 2015 PROGRESSIVE15 HEMP EXPO, AKRON, CO

What is Hemp? Industrial Crop  Food/Fiber  Cannabidiol (ex. Charlotte’s Web)  Less than.3% THC (The intoxicating stuff. If you smoke it, all you get is a headache)

What Hemp is not.  Not for “getting high”  Not for “drug dealer” sales  Not a law enforcement priority

A Sheriff’s Perspective  Colorado Revised Statutes (As a result of A64)  S.B Industrial Hemp  Allowed for cultivation, processing, and sale under strict registration and regulation scheme

A Sheriff’s Perspective  Federal Controlled Substances Act  Doesn’t differentiate between hemp (cannabis sativa L) and marijuana (cannabis sativa/cannabis indica)  Currently still illegal federally without DEA research approvals  CARERS Act (S.683) introduced, not passed  Amends CSA to move MJ from Schedule I to Schedule II (opens process to acquire MJ in pharmacies like all other legal drugs/medicines)  Redefines MJ in CSA to exclude cannabadiol (Hemp effectively)  Industrial Hemp Farming Act of 2015 (S.134) introduced, not passed  Excludes “industrial hemp” from Controlled Substances Act  Defines “industrial hemp” as marijuana with less than.3% delta-9 tetrahydrocannabinol (THC)

SO…….  Whether it should or should not be……  Despite it’s viability as a wonderful agricultural product…..  Regardless of it’s relative “safety”……….  Hemp is still not yet differentiated from Marijuana in the Controlled Substances Act, and is therefore still illegal federally.  Admittedly, law enforcement has higher priorities than dealing with hemp, we just can’t condone willful violation of federal law…..

Sheriff’s Lawsuit IS  March 5 th, Filed by 6 Colorado Sheriffs, 4 Sheriffs from KS and NE, 2 prosecutors from KS and NE  “Crisis of Conscious” in this area (Sheriffs swear an oath to uphold the constitutions of both the United States (CSA concerns) and the State of Colorado (A64)  Constitutional Challenge? (can a state legalize a substance that is not legal federally?)  Other states claiming harm from “diversion of resources” and “economic burden” (can one state enact a law that harms another state?)

Sheriff’s Lawsuit IS NOT  Not a campaign Against Marijuana  Certainly not against Hemp The basis for the legal challenge has nothing to do with our concerns about the dangers of normalizing Marijuana. It is simply a legal question that deserves an answer from the courts.

Questions for Law Enforcement?  Talk to your local Sheriff