Cannabis has a long–and unfortunately tumultuous–history in the United States. The legality of both hemp and its close relative marijuana has fluctuated over time. Most recently, hemp has seen a victory in legalization with the passing of the 2018 Farm Bill. The bill removed hemp from the government’s list of controlled substances and made production federally legal across the country.

While farmers are now free to grow hemp throughout the US, this process does not come without restrictions. Hemp cultivation falls subject to the same FDA regulations as any other produce product, and laws on hemp consumption vary by state. Additionally, an important distinction between hemp and marijuana mark a determining factor in cannabis production. 

Keep reading to learn about the current legal framework surrounding hemp and the impacts of the 2018 farm bill. 

Hemp vs. Marijuana

While hemp and marijuana are both cannabis plants, an important distinction determines their legality. Marijuana contains high amounts of THC, the psychoactive cannabinoid known for the mind-altering effects of the plant. On the contrary, the legal definition of hemp defines it as any cannabis plant with less than 0.3% of THC. Thus, hemp has extremely low levels of THC, and high levels of CBD. 

Although hemp contains far lower amounts of THC than those found in marijuana, there are still stigmas surrounding hemp due to its relationship to the marijuana plant. CBD and other hemp derivatives cannot get you high, and actually include many beneficial properties. However, hemp fell under the same regulations as high THC cannabis for years, making the plant more difficult to grow and process in the US. 

Restrictions on Growing Hemp

When it comes to growing hemp, the first restriction requires a strict adherence to the maximum 0.3% THC guideline. However, there are further restrictions that make hemp cultivation a bit more complicated than traditional crops like vegetables. 

Under the 2018 Farm Bill, the federal government requires a USDA regulatory plan surrounding hemp in each state that allows hemp cultivation. States without a hemp regulatory program must require farmers to apply for a license to grow hemp and adhere to federal guidelines. 

Farmers found growing without a license in an unregulated state, or growing cannabis that contains more than 0.3% THC, can be subject to federal charges. 

The production of any products derived from hemp, such as CBD oils, topicals, and consumables, are also subject to federal regulation. The FDA has full authority to examine CBD products and make sure they are safe for consumers. Like anything else you eat or put on your skin, it’s important to find hemp and CBD products that follow FDA guidelines to ensure your health and safety. 

Buying and Consuming Hemp Products

While hemp production is federally legal, hemp and CBD consumption varies by state. It’s important to check your state guidelines to determine which hemp products you can legally purchase. 

CBD products are legal to at least some degree in all 50 states. However, some states impose additional restrictions on the purchase of CBD products. This chart provides some basic guidelines on the restrictions on CBD products by state. 

In some states, hemp-derived CBD products are legal, but not smokable hemp bud itself. If you are interested in trying smokable CBD in the form of dried hemp bud or flower, take a look at this helpful chart to determine its legality in your state. 

Age Restrictions

Additionally, hemp cannot be consumed by just anyone. Age restrictions on hemp consumption make it a far more regulated substance than most other crops. 

Age requirements vary between 18 and 21 years of age depending on the state. Check with your specific state to determine at what age you can purchase hemp and CBD products.

The Future of Hemp: Less Restriction?

The 2018 Farm Bill marked a pivotal change in the way that the federal government regards hemp and CBD. Furthermore, growing legalization of marijuana in many states suggests a growing acceptance of cannabis in general. This progress begs the question of the future for hemp. 

Most likely, hemp and cannabis at large will see fewer restrictions over time. As the market grows, along with research and understanding of the cannabis plant, it is likely that we will see a growing accessibility of hemp in the future.