WATER LAW
Marijuana, Hemp, and Water—OH, MY! The Legal Implications for Water Delivery for Marijuana and Hemp Cultivation
By Caroline Lynch
Colorado hemp farm.
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have legalized marijuana for recreational use, and others for medicinal use. Thirty-three states have adopted industrial hemp statutes of varying types and for a range of purposes. Seventeen states have enacted so-called therapeutic hemp laws to allow the cultivation of “low THC [tetrahydrocannabinol], high cannabidiol (CBD)” products for medical reasons in limited situations or as a legal defense. Nonetheless, it is illegal to grow marijuana and hemp (except under certain, limited circumstances), anywhere in the United States, even in states that have legalized it. That is because federal law, specifically the Controlled Substances Act (CSA), prohibits the manufacture, distribution, dispensation, or possession of marijuana for any purpose. The CSA classifies marijuana as a Schedule I drug, which means it has been deemed to have a high potential for abuse, no currently accepted medical use in treatment, and a lack of accepted safety for use under medical supervision. The statute broadly defines marijuana to include any variety of the plant Cannabis sativa L., including lower-THC-producing hemp plants. In enacting the CSA, Congress made several findings regarding the breadth and scope of the law, namely: “Controlled substances manufactured and distributed IRRIGATION LEADER
PHOTOS COURTESY OF COLORADO DEPARTMENT OF AGRICULTURE AND CAROLINE LYNCH.
he town of Nipton, California, is on the verge of a population boom. This former ghost town, which was founded in 1905 and sits near the Nevada border, was recently purchased by American Green, Inc., an Arizona-based marijuana technology company. American Green intends to make Nipton America’s “first energyindependent, cannabis-friendly hospitality destination.” Offering products ranging from cannabis-infused water to marijuana edibles, the new owners hope to make this sleepy hamlet on the edge of the Mohave Desert a destination hotspot for marijuana enthusiasts. But to make this dream a reality, American Green is going to need ingenuity, manpower, and water. Lots and lots of water. You cannot grow marijuana and hemp without it. The transformation of Nipton, California, into Marijuanaville, USA, provides the perfect backdrop for examining the complexities of federal and state marijuana and hemp laws and how those who facilitate the cultivation of these highly sought-after crops may find themselves on the wrong side of the law. Let us start with the basics. Twenty-nine states, the District of Columbia, Guam, and Puerto Rico have enacted some form of marijuana legalization or, more accurately, decriminalization laws. A handful of states
