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Fast facts: - Hemp is defined as Cannabis sativa L., inc. parts and derivatives, with no more than 0.3% THC on dry weight basis. - Hemp is excluded from the d
by morpheuskafka 8y ago
Fast facts:
- Hemp is defined as Cannabis sativa L., inc. parts and derivatives, with no more than 0.3% THC on dry weight basis.
- Hemp is excluded from the definitions of "marihuana" and "tetrohydrocannabinol" under the CSA. Therefore, it is no longer a violation of federal drug (controlled substances) laws to produce, distribute, or use hemp.
- The THC threshold appears to apply at all times--ie. it is unlawful to extract and concentrate THC from previously legal low-THC sativa. Conversely, CBD oil derived from sativa strains would appear to become unscheduled once concentrated such that the THC content falls below the limit--however, the interim production and possession would remain unlawful without a DEA license.
- This Farm Bill will in one year phase out the 2014 FB research hemp program, and replace it with a full blown legal hemp production program. Under agriculture laws, the only penalties at hand for negligent violations are CAPs and program suspension. The law provides that intentional violations are to be reported by Ag to State/Federal LE.
- The intentional production of cannabis sativa >0.3% THC would be readily punishable under state, federal CSA. However, because the definition of hemp, which is excluded from the CSA, only takes into account the THC content and not the registration status of the grower, it isn't readily apparent how one could be punished for commerce in unregistered, but THC-threshold compliant, Cannabis sativa. However, an unregistered grower has no shield against accidental/negligent over-THC drug charges.
- As the linked press release notes, food and drug law will apply to the interstate commerce in hemp. Thus, it will not be lawful to distribute CBD oil as a "supplement," for example. While FD&C Act violations can result in serious charges, they won't be charged as "drug crimes" ie. controlled substances offenses, and will not have the same impact on federal employment, student loans, etc.
- I'm no expert in this, but it seems to me that it would not be possible to tell legal hemp from >0.3% THC sativa. Thus, it would appear that visual identification of marijuana may no longer be a valid basis for a search/detention by law enforcement.
TL;DR: All Cannabis sativa L. is no longer a controlled substance, provided that it contains no greater than 0.3% THC. States may authorize a legal, tested method of production, for which no one may be penalized for accidental/negligent violations. The FDA will regulate the interstate commerce in hemp products, including CBD oil, because they are considered drug products. The FDA will not be involved in industrial hemp (ex. hemp ropes) because they are not marketed as food, drugs, or cosmetics.
edits: formatting. nb, the law text is at https://www.agriculture.senate.gov/imo/media/doc/Agriculture%20Improvement%20Act%20of%202018.pdf https://www.agriculture.senate.gov/imo/media/doc/Agriculture..., do a ^F for "hemp"