CBD Hemp Laws
Confusion over the legality of CBD dates back years. Then the 2018 Farm Bill changed the CBD hemp laws to legalize production. CBD hemp is now legal and not on the Controlled Substance list .
Legal or Not
The hemp plant contains many cannabinoids one of which determines legal or illegal — THC. CBD hemp laws require a percentage of 0.3% THC or less in the hemp plant. These laws require this percentage for the the production and harvest and therapeutic agents use. There are additional regulations to consider when a producer makes specific therapeutic claims.
Umbrella Classification Factor
The cannabis plant provides an umbrella classification over both hemp and marijuana. History shows that the first plant cultivated was the cannabis plant. Both hemp and marijuana naturally produce chemicals referred to as cannabinoids. THC is the cannabinoid which is psychoactive when ingested at a higher than 0.3% concentration. Other cannabinoids are not psychoactive so do not cause any type of high when ingested whether smoked or used sub-lingually.
Federal Law vs State Law
The majority of states complied with federal laws when the 2018 Farm Bill passed. However, there are still four to six states who still prohibit the growth and production of hemp. Local police and prosecutors now have unanswered questions regarding legal vs. illegal.
CBD hemp laws legalized the growth of hemp and the use of CBD hemp. But federal policy creators say that adding CBD to food products is like making the addition of a prescription drug to food – it’s illegal. Because of the gray area of the subject, states, cities or counties make their own rules regarding some details. America now has a patchwork of CBD hemp laws creating some confusion.
CBD Hemp Laws – State to State
A recent Colorado law says a company can legally add all parts of the hemp plant to the food it sells. Missouri passed a law saying that medical marijuana with a higher than 0.3% THC is legal and allows the addition of CBD to alcohol at drinking establishments. Then California, New York City and Georgia got on board with the federal law that bans adding CBD to food such as CBD-infused cookies. Texas, Nebraska, Ohio and other states have arrested store proprietors for selling CBD products even when they have 0.3% or less THC.
Adjustments to CBD Hemp Laws
The Food and Drug Administration continues to make adjustments to rulings regarding CBD hemp laws in the sale of cannabis and cannabis-derived compounds
The CBD Hemp Law When a Crop Goes “Hot”
The cannabis hemp plant may become unexpectedly super pollinated. Pollen can travel for miles with too much pollination that turns the crop hot. At that point the hemp plant is now a marijuana plant and illegal because it is charged with high levels of THC.
Even so, CBD can still be extracted from the “hot crop” but it may be contaminated with THC if the extraction is improperly completed.
CBD hemp laws may be in a stage of evolution but they have made great advances in the right direction in recent years. Those who benefit from CBD hemp, are happy to have legal access to the benefits of therapeutic uses for CBD. If you are new to the CBD arena, welcome the beneficial applications in many forms.