Although hemp can legally be grown, cultivated, and consumed per federal law. However, every state is not on board with this ruling particularly in regard to recreational CBD. Indeed, there are even a few states like North Carolina and Texas that are attempting to ban smoking hemp. The 2018 Farm Bill changed the legal for the CBD hemp community to legalize growing hemp, using hemp and selling hemp. This obviously took hemp off the Controlled Substance list where it had been on an equal footing of heroin.
The bottom line is that hemp is legal on a federal basis and most of the states are compliant with this new law. There are only 4 or 5 who still have opposing laws regarding growing hemp. But is it really legal? Since the smell of smoking hemp could resemble marijuana are you liable to be charged with possession.
Legal for the CBD Hemp Community – The Beginning of Legal
The Presidential signing of the 2018 Farm Bill opened up the hemp market with cultivation after nearly a century of being shut down and that was good economic news for the farmers. Hemp and marijuana are both cannabis which is what caused decades of confusion. The two plants resemble each other but the leaves are different even though by a little.
Hemp naturally has very low percentages of THC which is the mind-altering cannabinoid. Legally it can only test at 0.3% THC or less to be acceptable. It that percentage, it has no psychoactive effects.
Legal for the CBD Hemp Community – Similarities between Hemp and Marijuana
It is basically the THC difference. Hemp Sativa contains 0.3 percent THC or less, however, marijuana Sativa can contain copious amounts of THC. The differences between hemp and marijuana are not visual, but it does make the difference between legal and illegal.
The hemp confusion is significant because of all the similarities. Because flower forms of marijuana and industrial hemp are so similar, a lot of confusion can arise. Then there is another confusion that is important to note and that is some hemp flowers have the same name as some marijuana strains. When doing a search, it is important to specific “CBD hemp flower” so you can stay legal in the CBD hemp community.
If not, you may end of with a marijuana strain with high THC. Most of the cannabinoids, except for THC, and terpenes remain the same for each branch of cannabis, with the exception of THC. When smoked or vaped, the aroma is identical.
Legal for the CBD Hemp Community – What is Not Legal?
The most important point here is that it is you, the user’s responsibility to prove you are smoking or dry vaping hemp rather than marijuana. So if you are an avid smoker, you need to have a contingence plan of how to prove that you are smoking hemp, not marijuana. The dispensary you purchase your hemp flower from can provide you with a batch-specific lab report for proof.
Hemp is federally legal and compliant, but the burden of proof is on you to prove what you have. It is also a good idea to know what laws are in the books in your state so you can have the proper paperwork proof.
Generally speaking, you cannot get arrested for smoking hemp flower now that hemp is legal. But not to be repetitive, study specific regulations within your state in order to avoid arrests.
If you are a vendor and live in a state that put a new law out forbidding selling of smokable hemp flower, you can still sell it as a product to use in making tea or to use in edibles.
“Legal Hemp” Last Words
The best advice is to use discretion, and not flaunt its use in public. If you are using the pre-rolls as a means to break from nicotine it is important to practice regular use. If you are at work, you can go to your car or some other inconspicuous place around your workplace. Be sure and always carry proof of your purchase with you for the “just in case” time.
If you want more information on all things CBD, read other posts here on our blog.