Frequently asked questions
Is industrial hemp the same as marijuana?
No. Even though they are both Cannabis sativa L., Industrial hemp is the non-psychoactive, low-THC, oilseed, and fiber varieties of the Cannabis sativa plant. Hemp has no use as a recreational drug.
Is hemp legal to grow in the United States?
YES! Thanks to the 2018 Agricultural Improvement Act (Farm Bill), hemp is non longer a controlled substance. However, hemp will still be regulated and can only be grown with a permit. Each state will have to submit its program to USDA for approval or have passed legislation to remove hemp from the state-controlled substances act and apply it through the USDA’s program.
Hemp Laws by State - https://www.votehemp.com/resources/state-hemp-law/
Are Hemp foods legal to import, buy and consume in the United States?
Yes. Processed hemp seed and oil have always been legal. The case HIA v DEA established that hemp foods are exempt from control in the Controlled Substances Act and remain fully legal. An excellent overview of the case can be found on the DEA Hemp Food Rules page. Learn more by reading the 9th Circuit opinion invalidating DEA’s hemp food rules.
Are Hemp derived extracts that contain cannabidiol (CBD) Legal?
The 2018 Farm Bill defined hemp as distinct from marijuana and removed it from the Controlled Substances Act. The definition of hemp covers all parts of the plant, including cannabinoids. So hemp grown under the 2018 Farm Bill or the 2014 Farm Bill, including hemp extracts, are no longer classified as Controlled Substances. However, hemp products sold as dietary supplements or foods are still subject to regulation by the FDA under the Federal Food Drug and Cosmetic Act (FFDCA) and must meet existing federal laws.
Some states have also passed laws regulating CBD, so it is essential to check your state to determine if hemp-derived CBD is legal under state law.