“However, while this legislation paved the way for the hemp industry’s expansion it in no way made the path to legal compliance any clearer for those in the hemp industry.”
In December of 2018, President Trump signed the Agricultural Improvement Act of 2018 (aka the 2018 farm bill) into law. That Act included a section removing hemp from the Controlled Substances Act. Hemp and marijuana are both cannabis but the most important difference is the federal government now considers cannabis with less than 0.3% THC, the intoxicating cannabinoid found in marijuana, to be legally classified as “hemp.”
Because hemp is no longer a controlled substance, and CBD can be extracted from hemp, all CBD must be legal in the United State, right? Well for the most part, yes, but not so fast as it’s still banned in a few states and heavily regulated in others.
Passage of the farm bill “legitimized hemp as an agricultural crop rather than a drug/controlled substance,” writes Bob Hoban, one of the nation’s most experienced hemp attorneys. “However, while this legislation paved the way for the hemp industry’s expansion it in no way made the path to legal compliance any clearer for those in the hemp industry.” And by extension: It’s no clearer for those in the CBD industry, either.
Yes, except for in certain states
Yes, it’s federally legal now. But some states still ban it, and others have specific regulations that govern the manufacture and sale of CBD products.
The 2018 Farm Bill establishes a new federal hemp regulatory system under the US Department of Agriculture which aims to facilitate the commercial cultivation, processing, and marketing of hemp. The 2018 Farm Bill removes hemp and hemp seeds from the statutory definition of marijuana and the DEA schedule of Controlled Substances. It even makes hemp an eligible crop under the federal crop insurance program. The 2018 Farm Bill also allows the transfer of hemp and hemp-derived products across state lines provided the hemp was lawfully produced under a State or Indian Tribal plan or under a license issued under the USDA plan.