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Hemp and CBD: Everything You Need to Know About the 2018 Farm Bill

by Shane Dwyer
November 29, 2021
Reading Time: 3 mins read
0
Striking Ways How Hemp Can Save the Planet

The Farm Bill is legislation passed approximately every five years, and it determines farming livelihood, how food is produced, and the types of foods that can be grown in the United States.

The package covers various programs, such as healthy produce production for low-income families and crop insurance. In addition, 2018 experienced the biggest change in the Farm Bill, as it legalized the production and sale of hemp and its extracts. Here’s everything you need to know about the 2018 Farm Bill.

The Farm Bill Expires Every 5 Years

The most recent Farm Bill was enacted in December 2018 but will expire in 2023. As it is updated every five years, the package will be proposed and debated before being passed by Congress. Next, it is signed into law by the serving President. The Farm Bill must be beneficial to:

  • Farmers
  • Consumers
  • The natural environment

Delta 8 is Both Legal and Illegal in the US

As Delta 8 is extracted from hemp, it is technically legal in the United States, thanks to the 2018 Farm Bill. Yet, some state laws may prohibit the selling or buying Delta 8, such as in Alaska, Arizona, Colorado, Kentucky, and New York, to name only a few. 

It is banned across many states as it can provide users with a high, but it isn’t as powerful as Delta 9. Due to the grey area, some Delta 8 products might vary when it comes to purity and potency, which is why customers must make more informed decisions when purchasing Delta 8 THC products. Always check state law and perform research to ensure you buy a quality product legally.

There are Hemp Restrictions to Follow

Despite the legalization of hemp and its extracts in 2018, there are various restrictions in place regarding its production and sale. For example, it is only legal to produce and sell hemp that contains no more than 0.3% THC. If a cannabis plant contains more than 0.3% THC, this is classed as Delta 9, which is an illegal cannabis product under federal law.

Hemp Can Become Marijuana

Despite sharing many differences, a hemp plant can develop into marijuana. While hemp crops are legal and can produce CBD, two certifiable hemp plants can mate and produce offspring with THC. Therefore, farmers must monitor their crops to develop hemp protected by the 2018 Farm Bill and legal for sale.

States Must Plan to License and Regulate Hemp

Despite being legalized on a national level, states have powers over hemp cultivation and production. Thanks to section 10113 of the Farm Bill, each state’s Department of Agriculture is required to consult their state’s governor and chief law enforcement officer to create a license and regulation plan, which they must submit to the Secretary of USDA. 

The license and regulation of hemp are only legal once the plan is approved by the Secretary of USDA. If a state doesn’t opt into a regulatory plan, hemp cultivators must apply for a state license and follow a federally run program.

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