Despite the polarity of Congress and against the former attorney general’s orders, on 27 December 2018, the Agriculture Improvement Act of 2018 (aka “The Farm Bill”) was signed into law (see it here). While it covers everything from crop insurance to the price of skim milk, for the first time in US history, it legalized industrial hemp in any form for consumer use.
The earlier 2014 Farm bill had redefined Hemp to make it distinctive from its cousin marijuana, namely that it contain no more than 0.3% of the psychoactive cannabinol THC. However, it only allowed industrial hemp growth through small restrictive pilot programs for studying market interest in hemp-derived products. Additionally, it was still considered a scheduled illegal substance, categorized along with heroin and controlled by the Drug Enforcement Administration (DEA).
The 2018 Farm Bill drastically changed its status. For the first time in US, history, hemp and its derivatives, such as CBD, are legal. It allows cultivation controlled by state guidelines; the transfer of hemp-derived products across state lines; and, puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the law.
While it is legal on a federal level, ultimately it is now for the states to decide. As of 1 Jan 2019, there were only 6 states where CBD was illegal (ID, SD, WV, NE, KS, IN). However, due to the monies these states loose in taxable revenue, it is expected that they will accept CBD by June 2019 if not sooner.
For further information regarding specific states, the National Council for State Legislatures as well as ProCon.org. offers a state-by-state. However, the National Cannabis Industry Association is more user-friendly as it offers a clickable map for current state regulations.
All are updated on a daily basis.
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