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A new Washington state law has cannabis cultivators concerned over the potential of cross-pollination from hemp growers, which could prove disastrous to their bottom line if it occurs – potentially costing them up to tens of thousands of dollars in damages.

In April, Gov. Jay Inslee signed Senate Bill 5276 into law, opening up the state to hemp production in response to the 2018 Farm Bill, particularly by removing the previous 4-mile buffer between outdoor marijuana and hemp farms.

With this change, hemp industry watchers expect a proliferation of hemp cultivation in the state, which has only a dozen farms compared with the 750 of Oregon.

“Obviously this’ll open up the spaces where hemp cultivators can operate, and it could also have some negative impacts on the cross-pollination side,” said Seattle-based cannabis and hemp attorney Daniel Shortt.

He pointed out there are more than 1,000 marijuana growers in Washington State compared to the relatively few hemp growers.

While final rules have not been released, primary concerns include:

  • Hemp fields with both male and female plants could send airborne pollen into marijuana fields and cause flowering female plants to seed, which would make the MJ flower unattractive to retail stores and less valuable for extraction.
  • Will hemp farmers have the resources, including adequate labor, to remove all the male plants from larger-scale farms? Will day laborers and seasonal help be able to even distinguish between the two plant genders?
  • Marijuana farms that cross-pollinate hemp fields, meanwhile, could cause the hemp THC levels to spike over 0.3%, though the potential for risk there is small and would take another growing season for that to show up.

Marijuana growers already struggling

After the change in the law, the Washington State Department of Agriculture (WSDA) and the Liquor and Cannabis Board are expected to review the potential risk for cross-pollination. 

Under the new law, the farmer who was on their land and operating first would win a dispute over possible cross-pollination.

The majority of current hemp production nationwide is geared toward the CBD market.

According to the 2018 Hemp & CBD Industry Factbook, about 84% of hemp was planted for the CBD market in 2017.

However, the small percentage of hemp farmers who grow for grain and fiber plant both male and female seedlings to encourage seed production, and those farms could have a dramatic negative impact on neighboring cannabis cultivation operations.

Shortt cautioned against jumping to conclusions about how this could impact the industry, since the final regulations have yet to be released.

He expects state lawmakers could wait for federal guidance before making related rules.

Also, an amendment to SB 5276 would allow the WSDA to reimpose the setbacks, though that remains to be seen.

Shortt understands why cannabis growers are concerned over the potential for cross-pollination in light of the struggles they’re already facing.

Wholesale prices for marijuana have continuously declined since Washington state legalized recreational marijuana in 2014.

“It’s really competitive and difficult to successfully operate a marijuana facility, and even if (cross-pollination) could ruin one crop, that could be devastating,” Shortt said.

“When things are so competitive and the margins are so thin, it’s reasonable to be concerned over something like this.”

Photos Courtesy of North Bay Business Journal