IS HEMP LEGAL IN AUSTRALIA?

The first time that I remember hearing about ‘hemp,’ was when I was just fifteen years old. Unfortunately, the experience wasn’t positive.

Back then, hemp and weed were interchangeable, spoken about like there was zero difference, save for a name.

Naturally, I conflated the two also. I saw hemp as an evil drug that would ruin my life if I even looked at it, let alone smoked it. Consequently, I steered clear.

My views toward hemp have changed dramatically since those more innocent times. Now, I know hemp and marijuana to be as similar as Coca-Cola and coffee. Now, I know that hemp is a super plant, able to replace single use plastics, cottons, concretes, and hundreds of other products. Now, I know that hemp can literally save the world, if utilized properly.

It sounds great. And it is. But there’s also a huge problem.

Most people don’t know any of this. In fact, the average person still sees hemp the same way that I once did, back when I confused it with drugs, bad grades, and the abasement of society. Most people, unfortunately, still think that hemp is just a drug and nothing more.

But where did this stigma even come from? What’s the current narrative surrounding the hemp industry in Australia? And how is it changing? All perfectly reasonable questions, most with not so reasonable answer.

Read on for a deep dive into the state of hemp in Australia, and where we go from here.

Hemp & Marijuana: They’re Not The Same

Let’s start with the basics. Why are marijuana and hemp so often confused?

On the face of it, the answer is actually pretty simple — both hemp and marijuana come from the same species of plant. This species is the Cannabaceae plant, and there are roughly 170 sub-species of this plant alone.

One of these subspecies is ‘cannabis.’ Weed is cannabis. Pot is cannabis. Bud is cannabis. Unfortunately for hemp, it is also a cannabis. This is why they are so often spoken about as if they are the same thing.

But the name doesn’t tell the whole story. For that, we need to take a closer look at the plant’s composition.

Cannabis, marijuana and weed are all the exact same thing, categorized by their high concentration of THC (Tetrahydrocannabinol) — these are psychoactive compounds found within the plant known as ‘cannabinoids.’ They’re what gets a person ‘high.’

Hemp, although also a cannabis plant, has such low levels of THC — below 1% — that even if you were to smoke it, there would be no psychoactive effect whatsoever. One may as well smoke basil and coriander.

The sad fact is that hemp became synonymous with drug use purely by association. Cannabis was the black sheep of the family, while hemp was the rule-following, A+ student who just happened to be cannabis’ cousin, and got his good name dragged into the mix as a result.

Really, the two couldn’t be more different. A shame that so few people know.

How And Where Is Hemp Grown

There’s a reason that hemp has seen a surge in popularity lately, and it has everything to do with how darn easy it is to grow.

The ideal temperature for growing hemp is anywhere between 15–27°. Furthermore, hemp only takes 70–90 days to harvest. That’s a full 30–60 days less than it takes for cotton!

It grows quickly and easily, is the point.

The numbers above are indicative of a super crop and were it not for the pesky association with marijuana, there is no doubt that hemp would be an international commodity on the same level as rice and wheat. Even Australia’s First Fleet was known to have hemp seeds on board ready to plant and harvest.

History Of The Hemp Industry

You wouldn’t guess it today, but hemp was actually one of the first domestically grown crops in the world, with evidence of its use dating back over 8000 years to modern day Turkey, ancient China and even parts of Japan.

The early 15th century was when it made its way to America, used at the time for paper, rope fiber, and lamp oil. And by the 1700s, hemp was so popular that farmers were legally required to grow it as a crop. Even President George Washington had it on his estate.

This popularity continued into the early 20th Century and the great Henry Ford famously declared it a ‘billion-dollar crop’ when he endeavored to manufacture a car whose frame was built from the hemp plant. Which he managed to do, by the way.

But as all of this was going on, the differences between hemp and weed were becoming muddled and lost, and soon countries were flirting with cannabis legislation of their own. They didn’t care that hemp and cannabis were different. They just knew it had to be eradicated.

This frenzy culminated in 1937 with the passing of the Marihuana Tax Act in America, a bill designed to tax any business dealing commercially with cannabis… and hemp. The two products were now seen as one and where the blow wasn’t fatal, it did open the floodgates to something much worse.

Reefer Madness…

The 1938 film ‘Reefer Madness’ can only be described as absurdist satire.

Indeed, the film tells the story of rampant marijuana use among teens and the inevitable dangers this will lead to. It claims that weed leads to violence. That weed turns a person insane, is ruining youth culture, and in turn will lead to the degradation of society unlike what has ever been seen before!

It sounds hyperbolic, but in 1938, this church-funded propagandist film was taken as fact and what followed were decades of bad decisions made across the globe.

In the U.S.A alcohol prohibition was ending, and it is believed that the Department of Prohibition pivoted to marijuana’s bad name as a means to keep their department afloat.

Large industrial companies with assets in the cotton and nylon industry seized on hemp’s relation to cannabis and lobbied against its use.

Racist tactics were employed and the drug soon became associated with laziness, due to its supposed popularity with Mexican immigrants and the African American population.

Marijuana was being attacked on all sides, and when President Ronald Reagan passed the Controlled Substances Act of 1970, listing marijuana as a Class 1 Schedule Drug on the same level as cocaine and heroin, he all but ensured its demise.

It was pandemonium and ‘Reefer Madness’ did indeed take hold, but in a completely different way to what the film had first described.

What Are The Laws In Australia Regarding Hemp Farming?

The good news is that hemp can now be legally grown in Australia. The bad news is that it is a lot more complicated than that.

Firstly, a special license is required in order to grow industrial hemp. The reason for this dates back to 1981 and the Drugs, Poisons and Controlled Substances Act passed in that year. According to this ancient piece of legislature, hemp is still considered a drug and not a farming commodity, even if it has less than 1% THC in it.

From there, the growing location needs to be approved by government regulations, and growers need to agree to inspections and monitoring. But even these rules differ depending on the state and territory you are in.

NEW SOUTH WALES

According to the Hemp Industry Act 2008, a license is required to grow hemp in NSW, applied for through the federal government. Once this is acquired, farmers are allowed to grow hemp for commercial, scientific and manufacturing purposes, so long as the plant contains less than 1% THC, and the seed from which it is grown less than 0.5%.

QUEENSLAND

In this state, the Drugs Misuse Act of 1986 and the Drug Misuse Regulation of 1987 allow for growers to apply for either a grower license, a researcher license, or a seed handler license. Once granted, the hemp plant cannot contain no more than 1% THC, and the seed it was grown from cannot exceed 0.5% THC.

VICTORIA

The Drugs, Poisons and Controlled Substances Act 1981 and the Drugs, Poisons, and Controlled Substances (Industrial Hemp) Regulations 2008 means that for the purposes of food, cosmetics and the cultivation of fibers, growers in this state can easily access a license to grow industrial hemp. But the seeds used must contain no more than 0.35% THC.

If a farmer wishes to grow hemp for medicinal purposes, they must apply for a license through the Australian Government of Office and Drug Control. And if they wish to harvest hemp seed, an application must be passed, as well as the passing of a background criminal check, a credit report, a business plan, and growing site information.

TASMANIA

In Tasmania, the Industrial Hemp Act 2015 regulates hemp law. In this state, a license must be held in order to grow industrial hemp, with these licenses dictating if you wish to grow hemp for supply, cultivation, manufacturing or research. And although as of 2017 hemp seed is considered a food, the plant itself and the flower and the stem are not, and must not be grown as such.

WESTERN AUSTRALIA

In Western Australia, hemp cultivation is overseen by The Department of Agriculture and Food, under the Industrial Hemp Act 2004, and Industrial Hemp Relations 2005. This means that industrial hemp can be grown from clone plants at less than 1% THC or from the seed, so long as it contains less than 0.35% THC. A license must also be applied for, but these are never granted for urban areas or small properties. Farms only.

SOUTH AUSTRALIA

A license is easily obtained in this state, with a dependence on the purpose of the hemp farm. This means that the license will either be a possession license, a cultivation license, or a processing license. If the grower wishes to cultivate for medicinal purposes, they must apply for the right through the Commonwealth Office of Drug Control.

Where Does Hemp Go From Here?

If you’re confused by everything you’ve read, don’t be alarmed, you’re not the first. In a weird sort of way, this is also the point.

Due to confusing and often mix-messaged laws, Australia is decades behind other westernized countries when it comes to industrial hemp production.

But the good news is that things are slowly becoming easier. And Australian farmers are starting to take notice!

In 2020 there were around 2,500 hectares of hemp under cultivation nationwide, with Tasmania the leading state for hemp growing. That’s up from 185.5 hectares nationwide in 2011. In South Australia alone the industry is expected to be worth around $3 million per year over the next three years. And that’s a conservative estimate.

What’s Next For Hemp In Australia?

Around now the urge to go out and start your own hemp farm is surely starting to take hold. From how useful hemp is, to its new found popularity, to the easing of restrictions, by all accounts you’d be a fool not to.

But it’s not that simple, and despite hemp’s increased popularity nationwide, there are still plenty of hurdles to jump.

The most pressing issue is the cost. Equipment required to grow and process hemp is a multi-million-dollar investment. Furthermore, it’s equipment that isn’t easy to source, on account of the hemp farming restrictions that have hampered the industry from day one.

Another major fear with the recent surge in hemp’s popularity is an over-supply of the plant. Although it is indeed popular, even with that popularity growing daily, there is still the risk of crops being left to waste for lack of export opportunities.

Ironically too, this might even be a result of hemp’s touted versatility and ‘super plant’ status. Able to replace most fibers, single use plastics, and other crops, the rush to get ahead of the hemp industry may risk an oversaturation. Added in the cost of starting a hemp farm, and the difficulty in rearing it those first few weeks, and things might not be as golden as they first appeared.

But the news is still positive. These problems are minuscule, and easily solvable. All that is needed really is an increase in the demand on hemp. This is an increase that starts with you and me.

It’s Time To Grow…

The history of hemp production may appear, at a glance, mostly negative. Since the beginnings of the 20th Century, international interests have conspired against the hemp industry in a campaign of lies, slander and gross misinformation.

But the news isn’t all bad.

The history of hemp is only just now entering infancy, barely into its vegetative state, and still with plenty of time left for it to properly flower and ripen.

In the meantime, it’s up to us to help change the narrative any way we can. When you have the option to buy hemp, do it. When someone conflates hemp with weed, stop and correct them. Awareness is what will win the great hemp debate. And it will be won too.

The simple fact is that hemp is too miraculous a product to be relegated a mere footnote in the annals of history. It deserves its own chapter and thanks to new legislation and a slowly shifting perspective in society, this chapter is only just now starting to be written.