Senate Judiciary Discusses Banning, Regulating 3 Substances

The Senate Judiciary Committee spent close to three hours Thursday afternoon discussing a committee substitute for Senate Bill 546, which would update the state’s list of controlled substances.

About a dozen community members were invited to the Senate Judiciary Committee Thursday afternoon to discuss issues around the banning of three substances in a meeting that stretched for hours, before a confusing ending. 

The committee spent close to three hours discussing a committee substitute for Senate Bill 546, which would update the state’s list of controlled substances. 

The bill would add dozens of substances to the state code, but the committee’s discussion focused on three substances: the hemp-derived cannabinoids Delta 8 and Delta 10, as well as the derivative of a Southeast Asian plant with opioid-like properties known as Kratom.

Sen. Mike Stuart, R-Kanawha, is the bill’s lead sponsor. Throughout discussion, he compared the current situation of Delta 8, Delta 10 and Kratom in West Virginia to the start of the opioid epidemic. 

“We’re seeing similarities today to what we saw at the beginning of the opiate crisis,” Stuart said. “If we could go back in time and make a change to what happened to this countryside in West Virginia, I think we would have made those changes.” 

As written, the bill would put the three substances in Schedule 1, along with opiates, methamphetamine and psychedelics such as LSD. Stuart’s argument, supported by several guests including a police lieutenant, a psychiatrist specializing in addiction and the Poison Control Center, revolved around not only the danger of the substances, but specifically their ease of availability.

“The drug normalization of America knows no partisanship or socio-economical notation,” Stuart said. “This is not going to be an easy vote, because it’s become so widely dispersed throughout West Virginia.” 

Other senators asked why the substances under discussion didn’t merit regulation instead of a full ban. Sen. Mike Caputo, D-Marion, asked as much of Amy Minor, the director of regulatory and environmental affairs with the West Virginia Department of Agriculture. 

Minor’s office already regulates the legitimate production and sale of industrial hemp products in the state, including Delta 8 and Delta 10. Some Delta 8 and Delta 10 products sold in the state are illicit, and there is currently no regulation of Kratom in West Virginia. 

“You definitely support an age restriction just the same as we do alcohol, same as we do tobacco, same as we do medical cannabis?” Caputo asked.

Minor said the Department of Agriculture was in favor of an age restriction of 18 years and older.

“Yeah, I don’t know why we don’t have it for this. I would rather see us, Mr. Chairman, moving in a direction of a regulation rather than what direction we’re moving here, but I’m just one opinion,” Caputo said.

Caputo’s point was supported by several guests, including an industrial hemp farmer and a woman who uses Kratom to mitigate symptoms of Lyme Disease.

More than two hours into the meeting, there were still several witnesses who had not been heard and the chairman, Sen. Charles Trump, R-Morgan, indicated a desire to adjourn and reconvene Friday to continue hearing testimony. However, the committee was thrown into procedural confusion after Sen. Laura Chapman, R-Ohio, unexpectedly moved to vote on the bill, ending public testimony and committee discussion.

After several other procedural motions, including a motion to adjourn the meeting in lieu of a vote, Trump was required to consult with the Senate parliamentarian, who informed him that the motion to vote would need to be carried through.

“I have no no more to say except for we heard all this testimony. I think that we’re all tired, but we all know how we’re going to vote on this and we should just agree to the language,” Chapman said.

The committee agreed on the language of the committee substitute for Senate Bill 546 and moved to report the same to the House. However, no bill was reported to the Senate from the Judiciary Committee Friday morning.

Spotted Lanternfly Found In Berkeley County

State officials have confirmed an invasive pest known to feed on a wide range of crops and trees has been found in West Virginia for the first time.

The West Virginia Department of Agriculture said in a press release released Wednesday that the Spotted Lanternfly was discovered in the Bunker Hill area of Berkeley County in late October. 

The black, white and red winged planthopper is native to China and other Asian countries and likely hitched a ride on overseas cargo to the U.S. The agency said the invasive insect prefers to feed on Tree-of-Heaven trees as well as apples, walnuts, grapes and hardwood trees.

Agriculture Commissioner Kent Leonhardt said the agency is most concerned about orchards and wineries in the Eastern Panhandle. The agency said it will begin treatments to contain the insect in the spring. 

“We have been surveying for this invasive pest for the past two years. We knew it was only a matter of time until the Spotted Lanternfly made it to our state,” Leonhardt stated. “The next step is to ask for formal assistance from our federal and state partners to put together an action plan to combat this pest.”

The agency said landowners should be on the lookout for masses of eggs, especially on land with multiple Tree-of-Heaven, which is a palm-tree looking plant that some say smells like peanut butter.

Local Foods Featured at State Park Dinners

A series of nine Farm-to-Table dinners are being planned at state parks across West Virginia. The series of events, planned between June 15 and September 12, is aimed to source more ingredients from local farmers.

Several state agencies and organizations are collaborating on the series, including the West Virginia Department of Agriculture, the Department of Natural Resources, and the West Virginia Farmers Market Association.

This is the second year the series of Farm to Table dinners will take place.

The dinners will take place at state park restaurants, putting locally grown foods and products on the menu from June to September.

Several of the events will have themes such as “Hoedown on the Hill” at the Chief Logan State Park and “Pickin-Pull” at the Pipestem park in an effort to teach people about their local foods.

Full list of Farm-to-Table events:

Bill Aims to Get More W.Va. Produce Into State Agencies, Schools

 

On a recent Monday, students at James Monroe High School in Monroe County eat french bread pizza, corn, beans and mixed fruit. They also have three, locally sourced salad options to choose from: a spinach salad with bright red cherry tomatoes, a pre-made salad or a make-you-own salad bar.

“We hear that these foods look so much better, put together,” said Kimberly Gusler, the high school’s head cook. She said that since the school began using local salad greens and vegetables and fruits when available, students appear to be eating more of them.

“They love the way the salads look.”

Credit Brittany Patterson / WVPB
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WVPB
Spinach salad made with locally grown greens on the lunch line at James Monroe High School.

James Monroe is one of a handful of schools in West Virginia participating in the Farm to School program that helps get local food into schools and encourages schools to participate in agricultural activities.

A new bill passed by the West Virginia Legislature this year, will expand the use of local foods to all of the state’s schools and state-led institutions.HB 2396, also called the West Virginia Fresh Food Act, requires beginning July 1, 2019, all state-funded institutions to purchase a minimum of 5 percent of fresh produce, meat and poultry products from West Virginia producers.

The bill’s text states the idea behind the legislation is to support West Virginia farmers and allow them to expand, as well as boost access to healthy, fresh food.

By creating a built-in demand by state-led institutions and schools, which alone purchase $100 million worth of food from out-of-state sources according to the West Virginia Farm Bureau, the hope is the bill will stimulate the state’s agricultural economy, said Spencer Moss, executive director of the West Virginia Food and Farm Coalition, which supported the bill. (In the interest of transparency, we should note that the West Virginia Food and Farm Coalition is a financial supporter of West Virginia Public Broadcasting.)

“This bill’s a really great way to invest in West Virginia communities, but also West Virginia agriculture and farmers,” she said.

Credit Brittany Patterson / WVPB
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WVPB
Tomatoes growing at Sprouting Farms in Talcott, West Virginia.

West Virginia has a rich farming culture and one of the highest concentrations of family-owned farms in the country, according to the U.S. Department of Agriculture. However, the majority of farms aren’t very big. The average farm size in West Virginia is just 157 acres, and small farm sizes and low production present challenges to both farmers seeking to make a living as well as businesses, schools and agencies that want to use locally grown food.

“In West Virginia, we often talk about there being a chicken-and-an-egg issue with with regards to agriculture,” Moss said.  “So we know, especially in fruits and vegetables and produce production, that we have a very low supply. And that’s geography related, it’s labor related, but it’s also market demand related. So, farmers need a market if they’re going to scale up their operation.”

By creating a 5 percent purchasing demand from schools and other state-led institutions, the state is effectively creating that demand, Moss said.

Economists that study local food and agriculture have found that investment in local food systems creates an outsized impact to the local economy. It’s called the “multiplier effect,” and the idea is that for every $1 spent with a local farmer, that investment will come back into the community worth $1.40 to $1.80, because when local farmers have more money to spend they will do so in their communities whether it be through investment in their operations or at the local store.

“Whereas, if I’m investing $1 in a company that’s not based in West Virginia, doesn’t use West Virginia product, that money is just gone,” Moss said. “It just leaves our communities.”

Logistics Challenge

Credit Brittany Patterson / WVPB
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WVPB
A refrigerated truck used to help transport locally grown produce.

But while the West Virginia Fresh Food Act creates a new market for locally-grown food, getting that food to state institutions — schools, colleges and prisons, etc. — poses a challenge.

“The prices are higher, logistics are tougher, it’s not what they’re used to,” said Fritz Boettner, the director of food systems for Turnrow Appalachian Food Collective. This food hub aggregates product from about 75 farmers across southern West Virginia and beyond, and helps get it into the hands of people, businesses and schools.

Boettner said, in his experience, everyone wants to use more locally grown food, however, sourcing can be a challenge. Most restaurants and institutions are used to using one distributor, like U.S. Foods, which provides a list of everything from apples to zucchini.

“And all we have are seasonal products,” he said.

Turnrow, and other food hubs across the state, coordinate with many farmers to fill orders. He said selling to state-institutions could be very beneficial, but the success of the effort will largely be dictated by how the West Virginia Department of Agriculture writes the rules for how the bill is carried out and enforced.

It also hinges on the flexibility of state-led institutions to pay more for locally-grown food, and that is not a given.

“Everyone has to work in budgets that are given to them,” Boettner adds.

Next Steps

West Virginia Agriculture Commissioner Kent Leonhardt acknowledges local food may cost more upfront, but in an interview he said local produce is fresher, more appealing and should last longer.

Credit Martin Valent / West Virginia Legislative Photography
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West Virginia Legislative Photography
West Virginia Agriculture Commissioner Kent Leonhardt.

“There should be less waste, they should be able to have a little bit more carryover,” he said. “So in the end, it may even save money to the institutions.”

He also expects it to have a postive effect on the health of West Virginians.

This month, ahead of the July 1 effective date, the Agriculture Department is expected to reach out to stakeholders affected by the bill including farmers, groups like the West Virginia Food and Farm Coalition and state-led institutions to talk about what each party needs to make the bill’s mandate a reality.

Leonhardt said he hopes the agency can create a master list of sorts that could help state-led institutions more easily begin purchasing local food. The Department of Agriculture is also in charge of creating enforcement policies, all without any new funding, Leonhardt said.

“This is another unfunded mandate, that we’re going to gladly pick up the mantle and do it, but it’s going to strain our resources a little bit,” he said, adding regardless, he is excited by the possibilities. “I believe once we get all the rules in place, I think that the economic development and the return to the state through that economic development will help more than offset the cost.”

Credit Brittany Patterson / WVPB
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WVPB
The salad bar at James Monroe High School.

Back at James Monroe High School, lunch is winding down. The self-serve salad bar looks like a tornado blew through it.

That makes head cook Kimberly Gusler smile. She said she’d love to see more schools offer locally sourced foods.

“I think it would be a great thing for them, I really do,” she said. “For kids to get more nutrition through their meals because the fresh food is the best food.”

West Virginia Gets Grant to Train Veterans in Agriculture

West Virginia has been awarded a $400,000 federal grant to provide agriculture training for military veterans.

The state Department of Agriculture says in a news release the grant from the U.S. Department of Veterans Affairs aims to improve veterans’ health.

The statement says the Hershel “Woody” Williams VA Medical Center in Huntington will train participants to pursue agricultural vocations while addressing their behavioral and mental health needs.

Department of Agriculture staff will provide production, business and market planning for the program.

West Virginia Veterans and Warriors to Agriculture program coordinator James McCormick says he wants the state to take the lead on agricultural initiatives for veterans.

Gypsy Moth Spraying Set for Next Month

The West Virginia Department of Agriculture says it will begin aerial spraying for gypsy moth early next month.

 

 

The spraying is slated for nearly 5,300 acres within Grant, Hardy, Nicholas and Pendleton counties. The goal is to reduce the impact of the insect on West Virginia’s forests.

 

 

The gypsy moth is one of the most destructive non-native, invasive species in the world. Gypsy moth caterpillars feed on more than 300 species of trees and shrubs in West Virginia. In high densities they can kill or weaken trees, making them more susceptible to other pests and diseases.

 

Indigenous to Europe, the moth was first introduced to the U.S. in the late 1860s near Boston. From there, it spread across the Northeast, devastating hardwood trees, especially oaks and aspen, according to the U.S. Forest Service.

 

West Virginia Agriculture Commissioner Kent Leonhardt said in a press release the gypsy moth is the most serious forest pest currently affecting the state.

 

“This treatment program is a safeguard to one of our most important natural resources,” he said. “Without control measures, our water quality, recreation experiences, wildlife habitat and timber production could all be negatively impacted.”

 

The May spraying for gypsy moths is being done through the West Virginia Department of Agriculture’s Cooperative County-Landowner suppression program. Landowners who participate pay part of the cost of treatment and choose what pesticides are used on their property.

 

Officials say other ways to reduce gypsy moth outbreaks include not transporting firewood into or out of the state. RV and camper owners should thoroughly inspect and wash their equipment before moving it.

 

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