Frequently Updated Questions: Hey, Paul Does Growing Hemp Qualify for the Right-to-Farm Defense?

Industrial hemp being grown in Pennsylvania (Photo by Will Parson/Chesapeake Bay Program)

The article is not a substitute for legal advice..

          The 2018 Farm Bill allows for more growers to grow industrial hemp. A farmer looking to add industrial hemp on fields creates the possibility of conflicts between neighboring landowners. The neighbors may not understand that industrial hemp is now legal to grow or other concerns. Industrial hemp is now a legal commodity and growers would potentially fall under Maryland’s right-to-farm (RTF) law. Industrial hemp growers would be eligible for the nuisance defense in the RTF law.

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2019 Brings Potential Changes to Hemp Production in Maryland

Industrial hemp being grown on University of Kentucky research farm. Image by University of Kentucky

The article is not a substitute for legal advice. 

            As I have discussed earlier, the 2018 Farm Bill makes significant changes to the classification of hemp and allows states to begin to develop regulations for the legal production of hemp.  The 2018 Farm Bill removes hemp from the definition of marijuana under the Controlled Substances Act and allows for states and tribal governments to begin developing hemp production plans.  Hemp produced under these plans will potentially be eligible for the federal crop insurance program.  The Maryland General Assembly during the previous session passed legislation allowing the Maryland Department of Agriculture (MDA) to develop a hemp production plan for the state.  MDA will be able to create this hemp production plan once USDA releases the guidelines for the state programs.

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2018 Farm Bill Makes Hemp Production Legal; But State Still Needs to Act to Take Advantage of Change

Close-ups of the industrial hemp research plots at the Spindletop research farm. Image by University of Kentucky

The article is not a substitute for legal advice.

I recently contributed an article to Maryland Bar Bulletin on changes to hemp restrictions in the 2018 Farm Bill and what needs to happen before farmers can grow the crop legally. The Maryland Bar Bulletin recently published the article online.

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Pilot Industrial Hemp Program Now Final and Allows For Research Growing of Hemp in Maryland

Image of first UK Industrial Hemp Field Day at Spindletop Research Farm. Image by University of Kentucky.

This post is not legal advice.

In 2016, the Maryland General Assembly first passed legislation allowing for the development of an Industrial Hemp Pilot Program in the state.  That program was recently updated in 2018 by House Bill (HB) 698 to allow farmers contracting with the Maryland Department of Agriculture (MDA) or Institutions of Higher Education (IHE) in Maryland to grow industrial hemp for research purposes. Production of hemp under the program must further either agricultural or academic research. HB 698 became effective on July 1, 2018, MDA has recently issued final regulations to implement this pilot program effective on January 28, 2019, and can be found here

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