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Legality behind hemp

Under the 2018 Farm Bill, hemp and hemp derivatives like CBD have been permanently removed from the federal Controlled Substances Act and are no longer considered illegal by the DEA as long as they contain less than 0.3% THC. (§ 297A) That said, there are still some legal hurdles regarding CBD as a dietary supplement. Here is a summary of the key points addressed in the 2018 Farm Bill.

  • Hemp is now permanently removed from the Controlled Substances Act (CSA). It is forever deemed an agricultural commodity and is no longer mistaken for marijuana.
  • By redefining hemp to include its "extracts, cannabinoids and derivatives," Congress has removed hemp products (such as CBD) from the CSA. (§ 297A)
  • This means the DEA no longer has any possible claim to interfere with the interstate commerce of hemp products. (§ 10114)
  • While State and Tribal governments may impose separate restrictions or requirements on hemp or hemp products, they can't interfere with the interstate transport. (§ 10114)
  • Hemp farmers may now finally access needed crop insurance (Title XI) and fully participate in the USDA programs for certification and competitive grants. This is a huge win for farmers.
  • The FDA continues to exercise jurisdiction over the regulation of ingestible and topical hemp products.
  • CBD derived from hemp is no longer considered illegal by the DEA as long as it contains lo.3% or less THC. However, CBD derived from marijuana is still not legal on the federal level, nor are CBD products containing more than 0.3% THC.

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*U.S. Hemp Roundtable