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14 Ky. J. Equine Agric. & Nat. Resources L. 1 (2021-2022)

handle is hein.journals/kjequinan14 and id is 1 raw text is: 










        Got  Hemp? A Call For A Hemp Checkoff

                  Mitchum A. Whitaker*

                           ABSTRACT

       Hemp  production in the United States has exploded since
its legalization in the 2010s, but the market has struggled to keep
up  with  this increased  supply. As   a result, growers  have
experienced freefalling prices and a shortage of buyers. Of course,
volatile markets are  not unknown   to agriculturists, and their
ingenuity  has  boosted  their  markets   many   times  before.
Remember   Got Milk?, The Incredible Edible Egg, or Beef: It's
What's  for Dinner?  These  successful advertisements are  the
products  of  farmer-funded  marketing   initiatives known   as
checkoff' programs.
       A federal hemp  checkoff is needed to drive demand  and
public awareness for this budding commodity. This tried-and-true
solution will have the benefit of strong caselaw to support its
constitutionality, as well as a clear framework   to enact  the
program  through  either legislative or executive means. With a
proven  track-record in  court  and  well-documented   financial
returns, hemp growers can take control of the market by creating
a hemp  checkoff, and perhaps create a household catchphrase in
the process.

                        INTRODUCTION

       In 1990,  Gatewood   Galbraith took  the stage  at Saint
Jerome  Church's Fancy Farm  Picnic in the small community of
Fancy  Farm, Kentucky.1  It was not the first time that Galbraith
would bellow a stump  speech before the boisterous crowd, which
had assembled  every year for over a century,2 nor would it be his


        J.D. 2021, University of Kentucky J. David Rosenberg College of Law. Special
thanks to Professor Scott Bauries, PhD, for his insightful suggestions and for supporting
agricultural law education.
       i See generally GATEWOOD GALBRAITH, THE LAST FREE MAN IN AMERICA: MEETS
THE SYNTHETIC SUBVERSION (Outskirts Press 2004).
       2 See generally Joe Sonka, What is Kentucky's Fancy Farm event? A look at
history, political picnic's notable moments, LOUISVILLE COURIER J. (Aug. 02, 2021, 6:18

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