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hempCBD Hemp Law and All About the 0.3%

CBD Hemp Law and All About the 0.3%

According to the U.S. legislation, hemp is defined as “cannabis that contains less than 0.3% THC.” The 2018 Farm Bill clearly states that hemp and CBD are officially removed from the Schedule I controlled substances list.  The CBD hemp law says that hemp is legal on a federal footing in all 50 states for:

  • cultivation,
  • transport,
  • sale
  • purchase,
  • possession
  • use

The 2018 Farm Bill Extends Legalization

The Farm Bill extends the legalization of CBD hemp flower for five years. Then at that point the issue will need to be raised again to maintain its legality. But the problem with the legality of hemp is that some think it smells like marijuana. CBD hemp, to be legal, has to be 0.03% THC or lower. Hemp farmers are required to have their crops tested to be sure it is at the limit or below.

Current Hemp Laws & Compliance

The 2018 Farm Bill defines “hemp” as, in part, “acids, […] with a delta-9 tetrahydrocannabinol [(“THC”)] concentration of not more than 0.3% on a dry weight basis.” This is the standard that the hemp farmers and the hemp dispensary owners must comply with.

Some states interpret the definition of hemp law is “only” the THC content in determining compliance. There are some states who believe that THCA is an acidic cannabinoid so its contents should be considered.

The 2018 Farm Bill vs State Hemp Law

This Bill legalized hemp on a federal footing. Each state may adopt the federal ruling as their state rule or make another rule to not accept the hemp legalization. There are some states which decide to stay in the gray area and do not accept or deny the legalization of hemp. Other states override the federal legalization and passed a bill banning it in their state.

These categories because states are continually making adjustments, as they decide to legalize it. You will need to find out what the current law is in your state for growing hemp and selling it.  Additional information for the hemp farmers is that if you are transporting harvested hemp interstate and need to pass through a state that bans it, the 2018 Farm Bill hemp law is that it is legal as it travels through the state.

Demand Drives Hemp Law

As more and more individuals realize the benefits of the CBD products, the demand rises. 60-year-olds and older may be the largest demographics using hemp-derived products, but they comprise a large portion of the population, so it is important to meet this demand. Pharmaceuticals are failing many individuals in the area of correcting chronic pain, inflammation and anxiety. But CBD is meeting that need.

CBD hemp law permits it to be used for mental health and has been effective in replacing Prozac for anxiety.  Most of the CBD products are sold and used as “alternative medicine.” Only one product has been approved by FDA, Epidiolex, and sanctioned to market as a pharmaceutical. It is made from Charlotte’s Web CBD hemp flower and it is used to treat children with a particularly rare type of epilepsy.

Hemp Law for Rules and Regulations on Testing 

There are uncomfortable variables when hemp seeds are grown in two different geographical regions. Or there are variants in two different climates and they test differently.  Farmers also have the variable that they can suddenly come up with a hot crop, one that is above 0.3% THC, which they have to destroy.

There may be little uniformity across states in how the crop is tested because some states test the top 8 inches of a plant and others test 6 inches.  This could make a different in the overall testing process. And the testing is to be 15 days prior to anticipated harvest but what if there is a backlog at the testing site prohibiting the harvest to go forward?

THC levels can increase in the last days of harvest so is the 15 days prior really an accurate testing.  Some harvesting times involve multiple days so the 15 days prior to harvest is an approximation.

However, in any case the dispensary where you purchase the CBD hemp flower will have the Certificate of Analysis (COA) to go with each product they sell from a 3rd party seller.

If you want more information on all things CBD, read other posts here on our blog.

Are you looking for CBD bud products? Dr. Strains CBD only sources its CBD bud from small hemp farms. Check out our online shop or contact us for more information.


FDA Disclosure

Content Creator

Sharon has been writing her heart out since she was 10 years of age when she wrote up a story about a 3,000 acre forest fire she and her family witnessed. In 1995 when she found herself divorced with a 3-year-old daughter, Ruth, she decided to try writing for money. You can read more of Sharon's writings at the Contena site and view her daughter, Ruth and husband, Steve doing DIY projects at the YouTube address. She carved a niche in the Continuing Education market and for the next 20 plus years she wrote courses for C.E. providers all over the United States. Blogging is now her new love. Particularly suited to writing about CBD because for two years she was crippled with osteoarthritis in her ankles and feet until someone introduced her to CBD. Today she walks and bikes because of this natural compound of CBD.

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