Today, December 20, 2018, “Industrial Hemp” was legalized in the United States with the signing of the 2018 Farm Bill, which was passed last week by both houses of Congress. As part of the legislation, hemp and all of its products, including all other cannabinoids found in the plant, is removed from the purview of the Controlled Substances Act. We are looking forward to the rapid acceleration of this industry that will now commence, and the many promising new products derived from hemp that await development.
Paraphrased from a memo by Jonathan Miller, General Counsel of the Hemp Roundtable, an industry trade association:
The era of hemp prohibition is over. Hemp is now permanently removed from the Controlled Substances Act (CSA). It is now an agricultural commodity, not a controlled substance, like marijuana.
By redefining hemp to include its “extracts, cannabinoids and derivatives,” Congress explicitly has removed popular hemp products — such as hemp-derived cannabidiol (CBD) — from the purview of the CSA.
Hemp farmers now may finally access needed crop insurance and can fully participate in USDA programs for certification and competitive grants. A few specific definitions found in the bill:
• Section 297A (p. 429) Defines hemp as all parts of the plant less than 0.3% THC, including “derivatives,” “extracts” and “cannabinoids” and permits hemp production in all states and territories.
• Section 297B (a)-(d) (p. 429) Empowers states and Tribes to submit plans to USDA to implement a permanent hemp growing program.
• Section 10114 (p. 435): Nothing in the act prohibits the interstate commerce of hemp, nor can States or Tribes prohibit
the transportation of hemp or hemp products through their territory.
• Section 12619 (p. 540): Hemp is removed from the definition of “marihuana…”