Is hemp legal
Hemp , or industrial hemp , is a variety of the Cannabis sativa plant species that is grown specifically for the industrial uses of its derived products. Although cannabis as a drug and industrial hemp both derive from the species Cannabis sativa and contain the psychoactive component tetrahydrocannabinol THC , they are distinct strains with unique phytochemical compositions and uses. Some governments regulate the concentration of THC and permit only hemp that is bred with an especially low THC content. In those languages "hemp" can refer to either industrial fiber hemp or narcotic cannabis strains.
USDA Releases Long-Awaited Industrial Hemp Regulations
Please note: NCSL cannot provide advice or assistance to private citizens or businesses regarding industrial hemp laws or other related matters. Please consult your state department of agriculture or a private attorney. State legislatures have taken action to establish state-licensed hemp programs and promote hemp as an agricultural commodity in recent years.
A wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages all may use hemp. The Farm Bill changed federal policy regarding hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product. The bill legalized hemp under certain restrictions and defined hemp as the plant species Cannabis sativa L.
Previously, the Farm Bill provided a definition for hemp and allowed for state departments of agriculture or universities to grow and produce hemp as part of research or pilot programs. The U.
Department of Agriculture USDA oversees hemp cultivation as the responsible federal regulatory agency. The USDA will issue a final rule after the crop season. The rule reemphasizes an earlier USDA ruling that interstate transportation is legal, even if the shipment travels through a state that does allow the growing of hemp.
The Farm Bill allows states and tribes to submit a plan and apply for primary regulatory authority over the production of hemp in their state or in their tribal territory. As described in the USDA interim final rule, a state plan must include certain requirements, such as keeping track of land, testing methods, and disposal of plants or products that exceed the allowed THC concentration.
The USDA will review and issue a decision within 60 days on plans submitted by a state to the agency with the goal of providing states enough time to implement their plan before the hemp season. The USDA provides updated information on the status of state and tribal plans that have been submitted.
According to the USDA, eligible hemp producers may also be eligible for other programs, such as farm loans and participation in USDA conservation programs. State policymakers have considered various policy issues — the definition of hemp, licensure of growers, regulation and certification of seeds, state-wide commissions and legal protection of growers.
At least 47 states have enacted legislation to establish hemp production programs or allow for hemp cultivation research. Forty-eight states and Puerto Rico considered over bills related to hemp production and regulation in At least six states—Connecticut, Georgia, Louisiana, Iowa, Ohio and Texas—enacted legislation to establish state programs.
South Dakota passed House Bill , which the governor vetoed. Other states, such as Florida, Kansas, Oklahoma and Maryland, enacted legislation to expand or rename existing programs.
New Hampshire created a study committee House Bill Mississippi also created a task force to study the cultivation of hemp House Bill At least 38 states considered legislation related to industrial hemp in These bills ranged from clarifying existing laws to establishing new licensing requirements and programs.
Thirty-eight states and Puerto Rico considered legislation related to industrial hemp in At least four states—Florida, Nevada, New Mexico and Wisconsin—authorized new research or pilot programs. For a summary of state laws related to industrial hemp, click on the states in the map below or see the chart for a complete list of state statutes. SB 6 Also, see Act or S. Create Account. State Industrial Hemp Statutes.
Creates an industrial hemp research program overseen by the Alabama Department of Agriculture and Industries to study hemp. The department may coordinate the study with institutions of higher education.
Alaska Stat. Directs the commissioner of natural resources to adopt regulations related to industrial hemp including approved sources or varieties of seed, testing requirements, and establishing isolation distances. Specifies registration requirements and allowable activities for registered producers of industrial hemp.
Directs the department to establish fee levels to cover regulatory costs and annually review these fee levels. Allows for the creation of a pilot program by an institution of higher education or the Department of Natural Resources.
Defines both industrial hemp and cannabidiol oil. Amends definitions for hashish oil and marijuana. Clarifies that the addition of industrial hemp to food does not create an adulterated food product. Requires a report on or before Dec. Authorizes a pilot program for the research, growth, cultivation and marketing of industrial hemp and establishes the Industrial Hemp Trust Fund. Allows for commercial hemp production, processing, manufacturing.
Creates the Arkansas Industrial Hemp Program including a year research program. Authorizes the State Plant Board to adopt rules to administer the research program and license growers. Requires the State Plant Board to provide an annual report starting Dec. Establishes a separate program fund, which will include feeds collected and other sources of funding.
Establishes registration for seed breeders. This division will not become operative unless authorized under federal law. Allows hemp cultivation for commercial and research purposes to be overseen by the Industrial Hemp Committee under the Department of Agriculture. Establishes a seed certification program.
Establishes a grant program for state institutions of higher education to research new hemp seed varieties. Acts, P. Establishes an agricultural pilot program for hemp research and directs the Connecticut Department of Agriculture to prepare a state plan. Requires licenses for the cultivation and processing of hemp. Establishes an industrial hemp research program overseen by the Delaware Department of Agriculture.
Allows the department to certify institutions of higher education to cultivate hemp for research purposes. Directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. Commercialization projects may be allowed after two years with certain conditions.
Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities; Requires a university to submit a report within two years of establishing a pilot program. Establishes the state hemp program and directs the Department of Agriculture and Consumer Services, including a land registry and licensing, to submit a plan to USDA.
Provides requirements for the distribution and sale of hemp extract. Establishes an industrial hemp advisory council. Provides for licensing requirements for growers and processors as part of a state hemp plan. Authorizes certain colleges and universities to conduct research on the cultivation, breeding and development of hemp. Excludes regulated hemp and hemp products from the definition of marijuana as a controlled substance.
Establishes an industrial hemp pilot program overseen by the Hawaii Department of Agriculture. Allows the Board of Agriculture to certify hemp seeds. Creates an industrial hemp pilot program which allows the Illinois Department of Agriculture or state institutions of higher education to grow hemp for research purposes.
Requires institutions of higher education provide annual reports to the department. Allows the production and possession of hemp by licensed growers for commercial and research purposes. Growers and handlers of hemp seeds must obtain a hemp seed production license. Nothing in this section allows anyone to violate federal law.
Directs the Department of Agriculture and Land Stewardship to establish a program, including licensing, fees and annual inspections, and to submit a state plan to USDA. Provides for the enforcement, fees and penalties. Creates the Alternative Crop Research Act and licensing fee fund to promote the research and development of industrial hemp.
Allows the Kansas Department of Agriculture KDA , either alone or in coordination with a state institute of higher education, to cultivate and promote research and development of industrial hemp. Directs KDA to oversee annual licensing, establish fees, and promulgate rules and regulations. Creates an industrial hemp research program and a commercial licensing program to allow hemp cultivation for any legal purpose.
Growers are required to use certified seeds and may import or resell certified seeds. Mandates the University of Kentucky Agricultural Experiment Station oversee a five-year hemp research program.
Creates the Industrial Hemp Commission, attached to the Agricultural Experiment Station, to oversee, among other things, the licensing, testing and implementation of regulations and rules related to hemp. Authorizes industrial hemp research, cultivation, processing and transportation and recognizes industrial hemp as an agricultural commodity.
Provides for powers and responsibilities of the Agricultural Chemistry and Seed Commission and the Department of Agriculture and Forestry to develop an industrial hemp program, including criteria for seed approval, licensing, testing and other necessary rules and regulations. Allows hemp growing for commercial purposes. Establishes a license for seed distributors. Establishes a license allowing individuals to plant, grow, harvest, possess, process, sell, or buy industrial hemp in Maryland.
Authorizes the Maryland Department of Agriculture or an institution of higher education to grow hemp for research purposes. Allows for hemp to be planted, grown, harvested, possessed, bought or sold for research or commercial purposes under the regulation of the Massachusetts Department of Agricultural Resources MDAR.
Requires producers and distributors to obtain a license issued by MDAR and for persons utilizing hemp for commercial or research purposes to register with MDAR. Creates an industrial hemp research program allowing the Michigan Department of Agriculture and Rural Development and institutions of higher education to grow hemp for research purposes. Establishes a commercial hemp licensing program overseen by the Minnesota commissioner of agriculture.
Applicants must prove they comply with all federal hemp regulations, meaning that commercial licenses may not be available until federal law changes. Allows the commissioner to implement an industrial hemp pilot program. Institutions of higher education may apply to participate in this program.
Creates an industrial hemp agricultural pilot program, in accordance with federal law, to be implemented by the Missouri Department of Agriculture MDA to study the growth, cultivation, processing, feeding and marketing.
The US Department of Agriculture on Thursday posted formal federal guidelines for how hemp -- the versatile cannabis varietal used for. Exempts legally allowed industrial hemp and industrial hemp-derived CBD products from the Uniform Controlled Dangerous Substances Law. Maine. Me. Rev.
According to the California Food and Agriculture Code section a 6 :. The BPC section f definition explicitly states that cannabis does not include industrial hemp. Thus, hemp is no longer federally regulated as a controlled substance.
It is divided into several main categories:. We are no longer taking new applications.
The answer is simply and truly YES. There is nothing about hemp that is illegal.
With hemp legal in Texas, hemp retailers, law enforcement still question law's clarity
Please note: NCSL cannot provide advice or assistance to private citizens or businesses regarding industrial hemp laws or other related matters. Please consult your state department of agriculture or a private attorney. State legislatures have taken action to establish state-licensed hemp programs and promote hemp as an agricultural commodity in recent years. A wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages all may use hemp. The Farm Bill changed federal policy regarding hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product.
California Industrial Hemp Program
Notifications can be turned off anytime in the browser settings. Since the passage of House Bill back in June, the production, manufacture and retail sale of hemp crops and products is legal in Texas. However, the plant is still difficult to distinguish from marijuana, and current hemp laws can be confusing. Hemp is a cannabis plant, so to the naked eye, it can look and smell like the psychoactive drug marijuana. While hemp and marijuana are both cannabis plants, legal hemp lacks enough of the psychoactive compound known as THC to get a person high. THC is found in high levels in marijuana. The law requires THC levels to be below 0. Police want to be able to distinguish the difference between a schedule one drug and a legal crop. On the other end of the spectrum, hemp retailers want the freedom to create their products. The Texas Department of Agriculture still needs to complete the adoption of their rule book for growing hemp before farmers can take advantage of new laws, but manufacturing and possessing hemp products, such as CBD oil, is legal in the State of Texas.
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The Farm Bill, hemp legalization and the status of CBD: An explainer
But hemp legalization is altogether different. For the first time in generations, hemp cultivation and sales are federally permitted as long as you have a hemp license and this change has made quite the splash. So what does federal hemp legalization mean for farmers, researchers, and consumers? What made the Farm Bill so historic? In many ways, Farm Bills are a relatively boring piece of legislation. The Farm Bill explicitly legalized hemp and amends the Controlled Substances Act CSA to separate hemp from the definition of marijuana, which will remain illegal. In , the Marihuana Tax Act heavily taxed the possession and transfer of hemp for the first time, widely discouraging production. Before the Marihuana Tax Act came to be, hemp was a required crop for all American farms because of its usefulness and trade value. In the early days of North America, hemp was used to make paper, lamp fuel, ropes, and more. This placed strict regulations on its production in the United States. Oddly, in , the United States began important hemp seed and oil from other countries, while still outlawing its production in the states. One of the most major moves for hemp legalization came in , when the Ninth Circuit Court decided to permanently protect the sale of hemp foods and skin care. From there, the movement for hemp legalization took off.
UF/IFAS Industrial Hemp Pilot Project
This week, Congress agreed to the final version of the Farm Bill, and President Trump is expected to sign the legislation within days. But this is not your typical farm bill. While it provides important agricultural and nutritional policy extensions for five years, the most interesting changes involve the cannabis plant. Typically, cannabis is not part of the conversation around farm subsidies, nutritional assistance, and crop insurance. For a little bit of background, hemp is defined in the legislation as the cannabis plant yes, the same one that produces marijuana with one key difference: hemp cannot contain more than 0. For decades, federal law did not differentiate hemp from other cannabis plants, all of which were effectively made illegal in under the Marihuana Tax Act and formally made illegal in under the Controlled Substances Act—the latter banned cannabis of any kind. However, there remain some misconceptions about what, exactly, this policy change does. This allowed small-scale expansion of hemp cultivation for limited purposes. The Farm Bill is more expansive.
