The State of CBD / Hemp Laws in the US

The State of CBD / Hemp Laws in the US

The State of CBD / Hemp Laws in the US

As many people know, the update to the Farm Bill in 2018 once again made the farming of hemp legal in an industrial setting. With states across the union investing in the agricultural futures of hemp and all of its byproducts, local and state governments began setting forth new regulatory laws which sought to define hemp, for what reasons it can be grown, and who is allowed to process it. This scramble to introduce new laws has left the legality of hemp and its byproducts, especially the non-hallucinatory CBD, in a confusing place for many people across the country.

Let’s take a closer look at where things stand across the US.

After the passing of the 2018 Farm Bill, CBD and industrial hemp were legalized across the entire country, federally. Despite this federal legalization, individual states have varying laws. Regarding CBD, only three states have laws preventing the use or sale of CBD. Those states are: Idaho, Nebraska, and South Dakota.

Idaho and Nebraska both have strict laws against using or possessing CBD products without a medical prescription; South Dakota, however, allows for the use of medically prescribed CBD only if the CBD product is FDA approved. There is currently only one FDA approved CBD product on the market: Epidiolex.

Many states also have strict definitions for what qualifies as “legal” CBD within their boundaries. For states which haven’t opened for “recreational use”, there is often a qualifying difference made between hemp-derived CBD and marijuana-derived CBD products. To qualify the difference between hemp and marijuana, states rely on the Federal Government’s qualifications:

  • Hemp is a cannabis plant which contains .3% THC or less by dry weight
  • Marijuana is a cannabis plant which contains more than .3% THC by dry weight.

Most states which are hesitant to legalize cannabis derived products allow for the medical use of hemp derived CBD only, however some allow for the personal use of hemp derived CBD as well.

When it comes to the production and use of hemp throughout the country, most states have embraced the market for industrial hemp and are reaping the benefits. Only one state is holding out on the cultivation of industrial hemp – Idaho. Mississippi and South Dakota both held out initially, but recently made hemp propagation legal; in 2020 and 2021 respectively. 

For the most part, states across the country are embracing hemp with CBD lagging closely behind. With Idaho being the lone and complete holdout when it comes to both production and consumption of hemp products,.

What can we expect for the future of cannabis in the Gem State?

While medical use CBD has recently become legal, the state’s strict production and possession laws have made it a hostile environment for those who seek to use cannabis in any facet of the plant’s multiple uses. As of June 2021, there is a “restrictive use law” being petitioned for by marijuana activists which would allow for the legalization of recreational cannabis on private property. The bill also makes clear that the transportation of up to 3oz of marijuana from a state where it is legal to purchase, back into Idaho with intent to consume would be considered legal. While this bill feels like a major leap forward in Idaho, most other states would consider this strict opportunity to enjoy marijuana only on private property incredibly restrictive. The bill, should it meet the required number of signatures, would be voted on in 2022.

As more states open up their restrictions on cannabis and its byproducts, whether for medical or recreational use, there will be more events through which we can learn. Stay in the know with CBD Hemp Events, your number one source for collaboration in the hemp industry.