Does Right to Farm bill Legalize Cannabis and Hemp?
The right to Farm language that is on the ballot this November I feel could be used to legalize Cannabis and Hemp. The language that will be added to the state constitution would be as follows:
"To protect agriculture as a vital sector of Oklahoma's economy, which provides food, energy, health benefits, and security and is the foundation and stabilizing force of Oklahoma's economy, the rights of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state. The Legislature shall pass no law which abridges the right of farmers and ranchers to employ agricultural technology and livestock production and ranching practices without a compelling state interest."
First I feel this bill is inadequate and gives special protection to just Farmers and Ranchers which is not equal protection under the law. This bill should expand to all Citizens having the right to engage in farming and ranching practices in the state.
Now the dictionary defines Farmer as follows: a person who owns or manages a farm.
Farming is defined as follows: the activity or business of growing crops and raising livestock.
Now the plant selection is part of farming practices. Therefore I as an individual could start my own farm and chose to grow hemp or cannabis and any law that prohibits this practice would be voided by this Right to Farm. Unless the state could prove a compelling state interest. Now that is the rub. Can the state prove a compelling state interest that prohibits me from growing hemp? Hemp is no threat to the state or the public. Cannabis as well is no threat but there the state would argue the reefer madness we have been oppressed by for 60 years.
But Cannabis and Hemp does provide food, energy, health benefits, and security.
I know this is not the intent of the Right to Farm bill but I feel the courts could interpret it as such.
Any thoughts?
