“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
State
|
Legal?
|
Details
|
Alabama | Yes | None |
Alaska | Yes | No CBD-infused food/beverage allowed |
Arizona | Yes | No food/beverage |
Arkansas | Yes | No food/beverage |
California | Yes | No food/beverage |
Colorado | Yes | No baked goods |
Connecticut | Yes | Food/bev must be registered |
Delaware | Yes | Hemp grower must be affiliated with DSU |
Florida | Yes | Labeling is regulated |
Georgia | Yes | No food/beverage |
Hawaii | Yes | No Regulations |
Idaho | No | Illegal in every form |
Illinois | Yes | No Regulations |
Indiana | Yes | Labeling is regulated |
Iowa | No | Illegal in every form |
Kansas | Yes | No food/beverage |
Kentucky | Yes | CBD tea not allowed |
Louisiana | Yes | Many product restrictions |
Maine | Yes | Only if extracted from licensed grower |
Maryland | Yes | Unclear |
Massachusetts | Yes | Food/bev requires purity testing |
Michigan | Yes | No food/beverage |
Minnesota | Yes | No food/beverage |
Mississippi | Yes | Must be at least 20:1 CBD:THC ratio |
Missouri | Yes | Age 18+ only. |
State
|
Legal?
|
Details
|
Montana | Yes | No food/beverage |
Nebraska | Yes | No food/beverage |
Nevada | Yes | No food/bev; Sold only in stores |
New Hampshire | Yes | Regulations coming |
New Jersey | Yes | No Regulations |
New Mexico | Yes | No Regulations |
New York | Yes | No food/bev; purity tests required |
North Carolina | Yes | No food/beverage |
North Dakota | Yes | No Regulations |
Ohio | Yes | No Regulations |
Oklahoma | Yes | No Regulations |
Oregon | Yes | Label regulations coming |
Pennsylvania | Yes | No food/bev; label regulations coming |
Rhode Island | Yes | Label guidelines coming |
South Carolina | Yes | No food/beverage |
South Dakota | No | Not legal in any form |
Tennessee | Yes | No Regulations |
Texas | Yes | Label guidelines coming |
Utah | Yes | Registration required for sales |
Vermont | Yes | Some Food Regulations |
Virginia | Yes | No Regulations |
Washington | Yes | No food/beverage |
West Virginia | Yes | No food/beverage |
Wisconsin | Yes | No food/beverage |
Wyoming | Yes | No Regulations |
The 2018 Farm Bill
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.