Is Hemp Legal in Your State? You Might be Surprised

“The big question today is this — Is hemp legal in your state? Hemp has been a very important plant for humans for centuries as an agriculture crop as well as for health remedies, clothing and canvas and rope for the shipping industry.”

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A piece of hemp fabric was found in ancient Mesopotamia, just proof that had was used extensively in the ancient world. Hemp usage continued through the middle ages and on through other periods of civilization. Hemp made its mark for ships as they moved through world exploration. Washington and Jefferson took advantage of the agriculture benefits of growing hemp along with some early colonists.  All of cannabis, hemp and marijuana, was classified as illegal in 1937 under the Marihuana Tax Act. Then in 1970 the legislators formally made cannabis in all forms including hemp as illegal.

Is Hemp Legal in Your State — Then Came 2018 Farm Bill

The CBD hemp market received a big boost when President Trump signed into law the 2018 Farm Bill.  It contained a provision legalizing hemp, a species of cannabis that CBD can be extracted from but that is not psychoactive.  But this is not the typical farm bill even though it provides important agricultural and nutritional policy extensions the most interesting changes involve the cannabis plant.

Hemp is defined in the legislation as the cannabis plant, but it cannot contain more than 0.3% of THC, the cannabinoid that is up to 30% in marijuana.  It was not till the 2018 Farm Bill that federal law finally differentiated between the two types of cannabis plants which both made illegal in

Is Hemp Legal in Your State — States Differ

Most states adopted the federal rules and regulations that the federal 2018 Farm Bill stated. Some states are in flux as to whether they will totally legalize it or not. For the best information for your state, you can go to the states agriculture department website to find out the particulars. Even if hemp is not legalized to grow in a certain state, using CBD oil is generally acceptable.

So, the question remains, Is hemp legal in your state?  Even if a state still classifies hemp as illegal, the 2018 Farm Bill allows harvested hemp to be transported across those states without being arrested. Some states make the smoking of CBD hemp flower illegal usually because it smells similar to marijuana and law enforcement wants to be sure marijuana is still illegal. This means that stores are not supposed to sell smokable hemp either. Some circumvent the rule but selling it for the purpose of using it in edibles.

Is Hemp Legal in Your State — Important Points to Remember

Everything points to the law and the particulars of the law as hemp is more regulated than other agriculture crops. I repeat, Is hemp legal in your state? Here are some points to consider for answering that question.

#1 — There will be significant, shared state-federal regulatory power over hemp cultivation and production by submitting a plan to the Secretary of USDA. A state’s plan to license and regulate hemp can start when the Secretary of USDA approves the state’s plan. If a state does not have a hemp regulatory program, the USDA will construct a specific regulatory program for the hemp cultivators in those states to apply for licenses and comply with a federally-run program.

#2 — The law outlines actions that are considered violations of federal hemp law. Violation #1 is cultivating without a license. Violation #2 is producing cannabis with more than 0.3% THC. These violations are accompanied by punishments or fines along with a pathway to become compliant.

The Last 

Nugget

There are more states that have joined in with the rules and regulations of the 2018 Farm Bill than have stood alone in leaving hemp illegal along with marijuana. It is good to find out the small print in the regulations because today some states are taking a stand against legalizing smokable hemp buds. Even if it is legal in your state, it is a good idea to have the Certificate of Analysis (COA) when you are having a hemp smoking party because the aroma is similar to marijuana and you do not want your party attendees to get arrested when the cops think it is marijuana.

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

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FDA Disclosure

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product.