The 2018 Farm Bill, signed into law in December 2018, clarifies that hemp and hemp products are legal. Passed by a wide bipartisan majority (386-47 in the House and 87-13 in the Senate), the legislation is a gargantuan 641-page document in which just a few provisions concerning hemp, they are nonetheless mighty.
Section 12619 of the 2018 Farm Bill amends the Controlled Substances Act in two ways:
- It removes hemp from the definition of marijuana in section 102(16) of the Controlled Substances Act, 21 U.S.C. § 802(16).
- In listing THC as a Schedule I controlled substance in section 202(c) of the Controlled Substances Act, 21 U.S.C. § 812(c), it creates an exception for tetrahydrocannabinols in hemp.
Despite hemp legalization, FDA still consider Cannabidiol products largely illegal. FDA maintains hemp oil is a drug ingredient, and requires approval for products. Cannabidiol — commonly known as CBD — is a chemical compound found in cannabis and hemp. These natural cannabinoids have unique properties that can help improve your overall wellness. Compared to other cannabinoids — like THC — CBD is non-psychoactive giving you all the benefits without the “high”.
The FDA statement said three ingredients derived from hemp — hulled hemp seeds, hemp seed protein and hemp seed oil — are safe as foods and won’t require additional approvals, as long as marketers do not make claims that they treat disease.
CBD legality varies per state. Even though CBD contains such a miniscule amount of THC, the psychoactive compound found in cannabis, some states vary on policies. Two major factors that states look at are if hemp or marijuana was used to obtain the CBD and if a state-licensed grower produced it.
Cannabis (marijuana and hemp) legalization across North America:
- 33 U.S. states and the District of Columbia have passed laws broadly legalizing marijuana
- 10 U.S. states and the District of Columbia have legalized recreational use of marijuana
- Recreational marijuana was legalized in Canada as of October 17, 2018
- Hemp (containing less than 0.3 percent THC) and CBD (Cannabidiol) derived from hemp was legalized when it was removed as a Schedule I controlled substance from the federal Controlled Substance Act by the 2018 Farm Bill.
Commercially, cannabidiol industry is expected to hit $20 billion in 2020 and $22 billion by 2024. The demand is high among the burgeoning number of users who have turned to CBD products for various health and wellness reasons, and against chemical-based bio-pills turned out by the big pharma companies.
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