Lawmakers parse measures on hemp, tobacco, vaping and China

BOISE — Local governments were told no and industrial hemp was put on hold Wednesday, during a busy day at the Idaho Legislature.

Some details from the day’s activities:

INDUSTRIAL HEMP BILL PAUSED — The House Agricultural Affairs Committee postponed a decision on House Bill 126, which legalizes the production, processing and transportation of industrial hemp in Idaho.

Committee members wanted more time to consider the implications of the legislation, and to determine whether the Idaho State Police is comfortable with the regulatory provisions in the bill.

Hemp is a nonpsychoactive variety of marijuana. By definition, it contains less than 0.3 percent THC, which is the component that makes people high.

Congress began removing restrictions on the crop in the 2014 Farm Bill. It legalized industrial hemp four years later, subject to certain conditions.

Since then, 49 states and several Native American tribes — including the Nez Perce Tribe — have developed plans to grow the crop. The U.S. Department of Agriculture approved the Nez Perce plan two weeks ago.

“Idaho is now the only state that hasn’t legalized industrial hemp in some form,” said Braden Jensen, deputy director of governmental affairs for the Idaho Farm Bureau.

During a short public hearing Wednesday, one person testified in opposition to HB 126, citing concerns that it is a first tiny step toward legalization of marijuana.

Several other individuals spoke in favor of the bill, saying it gives Idaho farmers the opportunity to add a new rotation crop and pursue additional market opportunities.

At least two committee members, however, were concerned that legislation doesn’t remove hemp from the list of Schedule 1 illegal drugs.

Instead, the bill takes a very nuanced approach: It changes the definition of marijuana in Idaho code to clarify that it doesn’t include industrial hemp that’s grown, processed or transported in accordance with the 2014 or 2018 Farm Bills, or to an Idaho Department of Agriculture hemp plan.

It also modifies the list of Schedule 1 drugs to say that THC is still illegal, “except for the permitted amount found in industrial hemp.”

In other words, the legislation legalizes hemp that’s produced, processed or transported in accordance with the farm bills or a state plan, but any other hemp would continue to be illegal.

“There isn’t carte blanche removal of hemp (from Schedule 1),” Jensen said.

The reason for the nuanced approach, he said, is to maintain Idaho’s strict drug policy, while still providing an option for farmers to grow the crop.

The committee postponed action on the bill until its next meeting, on Tuesday.

TOBACCO/VAPING MEASURE GETS NOD — Legislation giving the state primacy over regulations on tobacco or vaping products earned a favorable recommendation from the Senate State Affairs Committee.

Senate Bill 1087 prohibits local governments from adopting regulations that are stricter than state law. It also bans the sale of tobacco or vaping products to anyone under the age of 21, consistent with the change in federal law the Trump administration approved in 2019.

Supporters said the bill doesn’t change or ease state regulations on the sale or advertising of tobacco and electronic cigarette products. Instead, it simply spares convenience stores and other retail chains from having to deal with a profusion of local laws.

“All this does is give us consistency on fees, regulations and taxes,” said Melinda Merrill, representing the Northwest Grocery Association. “Right now, we face a patchwork of regulations, and it’s expensive.”

Sen. Michelle Stennett, D-Ketchum, opposed the bill, saying local regulations historically have played a critical role in restricting access to tobacco products by teens and in reducing smoking.

“This is an industry that adds new products all the time, and we (the Legislature) aren’t very nimble in dealing with that,” she said. “Local governments are.”

The bill now goes to the Senate floor for further action.

CONDEMNING CHINA — A joint memorial condemning Chinese government for its “horrendously irresponsible and deceitful handling” of the COVID-19 outbreak passed the House State Affairs Committee on a party-line vote, without comment or discussion.

The measure is sponsored by Rep. Aaron von Ehlinger, R-Lewiston. He said the intent is to hold China accountable.

“Communist China has decided to play with the big boys and act like a superpower,” he said. “But in this world, superpowers, when they make mistakes, are the ones who are held most accountable. And that’s exactly what needs to start happening with this joint memorial, letting them know that they did wrong.”

The measure now goes to the House floor for further action.

The committee also introduced three new bills sponsored by Rep. Caroline Troy, R-Genesee.

The first resolution recognizes this year’s 100th anniversary of the Idaho Statehouse.

The second bill prohibits foreign nationals, illegal aliens or foreign corporations or governments from contributing to Idaho election campaigns or making independent expenditures in campaigns.

Such contributions and expenditures are already illegal under federal law, Troy said, but not in state code. This legislation gives the state authority to enforce the ban.

The third bill restricts employees of Idaho’s public universities and colleges from offering college credit or extra credit to students to encourage them to vote (or not vote), or to influence them to vote for or against any candidate or ballot measure.

The resolution recognizing the Statehouse centennial was sent directly to the House floor for further action. The other two bills will come back to committee for public hearings.

William L. Spence covers politics for the Lewiston Tribune. He may be contacted at bspence@lmtribune.com or (208) 791-9168.