Hemp Expo Yuma County Sheriff Chad Day
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Transcript Hemp Expo Yuma County Sheriff Chad Day
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.13-241 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 5th, 2015 -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