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Vermont farmers get permits to grow hemp, no sales plans yet

By JEFF EPSTEIN
[email protected]
WINDSOR, Vt. — Several local farmers in Windsor County, including Windsor and West Windsor, are experimenting with industrial hemp and may be affected by the new regulations being considered by the state.

At the moment, commercial sales of hemp and related products in Vermont are largely unregulated.  That may change, however, because the Vermont Agency of Agriculture is reportedly considering a regulatory scheme for hemp product sales.

Until very recently, farmers could only grow hemp under a state pilot program that was allowed under the federal 2014 federal Farm Bill. The federal law allowed states to issue research permits to grow hemp under such programs, provided the hemp did not have more than 0.3 percent of tetrahydrocannabinols (“THC”) by dry weight. 

THC is the psychoactive ingredient that, in marijuana, gives the user a high. Although both hemp and marijuana are derived from the Cannabis sativa plants, the tiny amount of THC in authorized hemp cannot make a person high, authorities say, and that makes it an agricultural project, not a drug.

However, it took a while for federal law to catch up. Hemp was listed as a controlled substance under federal law until last year. That changed with the 2018 Farm Bill, which removed hemp from the Controlled Substances Act and authorized farmers to get insurance for hemp crops.

This includes seeds, extracts, cannabinoids such as CBD oil, and other parts of the hemp plant. The new federal law also allows states to regulate commercial hemp farming.

The Vermont legislature meanwhile, passed a bill in 2018 (before the federal bill) that updated the pilot hemp program, and in a separate section allowed farms to create accessory on-farm businesses, such as on-site stores and tourist operations.

In other words, it is a whole new ball game for hemp farmers. They can now legally grow and commercially market hemp and hemp-derived projects and sell them along with other farm products in a retail shop on the property.

Some non-farm and online stores already sell hemp and CBD products, which are popular with some customers for their supposed health benefits. Without guidelines, however, some retailers felt they had to be careful. 

One such store with these products is Clover Gifts and Apothecary in Woodstock, Vt., owned by Patricia Eames. Among the many CBD products she has offered since 2016 are gummies and CBD-infused honey, as reported in a story by Elizabeth Kelsey published by the Eagle Times, Dec. 28, 2018.

Concerned that such products would be attractive to young people, Eames voluntarily placed an age restriction on sales, requiring proof of age 21. The age requirement is the same as the state requires for the sales of cannabis.

CBD sales do not have an age requirement in Vermont, but it is possible that could happen under new regulations in the future.

At least one person is reportedly considering some kind of new hemp business in the town of Windsor, in connection with the former state prison farm site. Town Manager Tom Marsh said he is aware of that interest, but at this point it is very early and only speculative, and he declined to provide any details about the party.

According to the University of Vermont agricultural extension, about 30 farmers in Windsor County registered for hemp permits last year. Some of them have existing retail businesses for non-hemp products, but none contacted by the Eagle Times have definite plans to get into hemp sales, so far.

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