Is Hemp Legal? 2018 Farm Bill and More
It doesn't matter if you're new to the #happydazeahead movement or have been using cannabis products since forever; knowing the laws surrounding it can help you make the best decisions possible. So we decided to go a little further and talk about the 2018 Farm Bill and how it affects the industry.
THE 2018 FARM BILL
Despite its shortcomings, the 2018 Farm Bill was (without a doubt) influential in moving the legalization a step further. With the passing of the bill:
- Hemp is now considered an agricultural crop - not a controlled substance;
- Hemp, which includes CBD (one of many cannabinoids of the plant), is not under the definition of marijuana;
- Each state must now determine a plan to be processed by USDA for hemp licensing and regulation. If no regulations are brought forward, then anyone wanting to cultivate needs to apply for licensing through a federal program.
But don’t forget cultivating without a license or producing hemp with higher THC content than 0.3% can get you in big trouble, so for now, let's leave it to the professionals.
WHY IT MATTERS
The adverse effects of the criminalization of cannabis are not new. Moreover, cannabis was classified as federally illegal in the 1970 Controlled Substances Act (CSA). This act contained all forms of cannabis, including hemp.
Because of its previous legal status, the 2018 Farm Bill is important because it removed hemp from the CSA list and has opened up several opportunities for companies like us to help people with a variety of issues.
Unquestionably, the 2018 Farm Bill established a series of regulations to give hemp legitimacy, and it continues to pave the way for the legalization of CBD and cannabis across the country.
Of course, there is still work to be done, and it didn't come without a set of rules. Let's look at the difference between federal and state law as well as how it's applied in the different states currently.
FEDERAL AND STATE LAW
- Federal law affects the country as a whole;
- State law affects that given state solely.
Commonly, there are instances where the legality of cannabis falls into a gray area where state and federal laws are not aligned. However, federal law always beats state law if the former is stricter.
IS HEMP LEGAL IN MY STATE?
It’s a common question we hear, and to make your life easier, we came up with the list below (updated June 2022).
States where recreational and medical marijuana is legalized:
- Alaska, Arizona, California, Colorado, Connecticut, District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, and Washington;
States where medical marijuana is legalized:
- Alabama, Arkansas, Delaware, Florida, Georgia, Hawaii, Iowa, Louisiana, Maryland, Minnesota, Mississippi, Missouri, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, and West Virginia.
States that Permit Limited Access to Hemp Products Only:
- Indiana, Kansas, Kentucky, North Carolina, South Carolina, Tennessee, Wisconsin, and Wyoming.
But we always recommend checking your state’s website for the most updated information. And remember to always consult a medical professional before making any decisions.
When you're ready, click here to check out some of our CBD, Delta-8, and Delta-9 products, as well as our 3rd party test results. And a reminder that all of our products are Hemp-Derived and Federally Compliant.
Our products have not been evaluated by the FDA to diagnose, treat, prevent, or cure any illnesses or diseases. All products are compliant with the 2018 US Farm Bill and contain under 0.3% THC.
This site is intended for use by persons 21 or older.