The hemp industry has emerged as a promising agricultural industry in recent years, offering economic opportunities and sustainable products. However, one significant hurdle faced by hemp producers is the requirement of fingerprinting and extensive background checks, which can be costly, time-consuming, and arguably unnecessary.
In the U.S., before being stigmatized and criminalized in the 20th century, cannabis had a long history of use for various purposes. In 1619, responding to England’s growing need for maritime ropes, Jamestown colonists cultivated hemp in the New World, as the Queen of England mandated. However, the Marijuana Tax Act of 1937 marked the beginning of its prohibition, eventually leading to its classification as a Schedule I controlled substance in the 1970s. The subsequent decades saw a shift in public perception, with increasing acceptance of cannabis for both medicinal and recreational use, culminating in the legalization movement that swept across various states in the 21st century.
Connecticut, like many other states, has a deep-rooted history with hemp cultivation. In the 17th and 18th centuries, hemp was a vital crop for the fledgling colonies, primarily used for textiles, rope, and paper. However, as the nation shifted towards industrialization, hemp cultivation waned, and marijuana became entangled in the web of drug prohibition. The Controlled Substances Act of 1970 classified both hemp and marijuana as Schedule I substances, hindering their cultivation and its use. Recent years, though, have witnessed a resurgence of interest in hemp as a versatile and sustainable crop and legislative changes to distinguish it from marijuana.
While the 2018 Farm Bill removed hemp from the Controlled Substances Act, it has continued to be treated as a controlled substance. Last year, as part of my hemp business operations in Connecticut, we underwent each business member’s fingerprinting and background check process. The financial burden was substantial, with costs amounting to approximately $100 per individual. This expense, multiplied across team members, adds up significantly for small businesses and entrepreneurs in the hemp industry.
Interestingly, despite legal mandates requiring fingerprinting every three years under Connecticut state law, the Department of Agriculture suspended this requirement in 2021. The rationale behind this decision was revealing: law enforcement agencies, reliant on the revenue generated from these procedures, influenced the hold on fingerprinting and background checks until they figured out a better system to conduct the checks. However, this reprieve was not extended to hemp producers this year, illustrating a disconnect in the treatment of different sectors within the same regulatory framework.
The question arises: why are hemp producers, unlike other agricultural sectors, subject to stringent vetting processes? Hemp fiber has been recognized federally as an agricultural specialty crop, and its cultivation and utilization hold tremendous promise for sustainable farming and economic growth. In a recent article, Shuresh Ghimire, Ph.D., a UConn extension educator whose primary research is hemp cultivation, explains how intensive background checks are hurting the production of hemp in the state. “To enable farmers to grow fiber hemp as a cover crop and enhance their agricultural sustainability, regulations for growing fiber hemp should be less stringent compared to CBD hemp (the latter resembles marijuana), Ghimire urges. Yet, the burden of fingerprinting and background checks remains a disproportionate obstacle.
Advocates for reform argue that fingerprinting and extensive background checks are not only costly but also redundant for hemp producers. We say that these requirements are relics of outdated policies linked to the historical stigma surrounding hemp and cannabis. Moreover, hemp farming and production for fiber/grain do not require such rigorous security measures.
As an activist and hemp farmer, I urge the relaxation or elimination of these requirements for hemp producers, which will not compromise safety or regulatory compliance. The focus should shift towards ensuring transparency, compliance with cultivation guidelines, and adherence to quality standards rather than burdensome administrative hurdles.
As Connecticut reevaluates its hemp production and regulation policies, there is an opportunity for broader reform at the national level. The hemp industry is poised for exponential growth, particularly with expanding applications in textiles, construction materials, and health products. Removing barriers to entry, such as fingerprinting and extensive background checks, will foster innovation, entrepreneurship, and job creation within this burgeoning sector.
The case for exempting hemp producers from fingerprinting and background checks is rooted in practicality, equity, and economic empowerment. By aligning regulatory practices with the evolving landscape of hemp agriculture, policymakers can stimulate growth, encourage innovation, and support small businesses in Connecticut and nationwide.
It is time to revisit and reform outdated regulations that impede the progress of a promising and sustainable industry.
Hector “Freedom” Gerardo is Land Steward/Co-Owner of SEAmarron Farmstead and Co-Director of The Venture Farming Institute.