What does the 2018 Farm Bill mean for Hemp?

 

The short answer is Yes. The long answer is alomst. Due to the President Trump signing the bill December 20, 2018, Hemp was removed from the list of Controlled Substances. Allowing for banking, crop insurance, & interstate commerce.

However though it was removed from regulation, it is currently navigating in a grey area. As regulations around the plant have not yet been solidified. Thus we must tread caustiosly & prepare for any & all possible regulations.

+ Can Anyone Grow Hemp?

Though Hemp was removed from the Controlled Substances List & Legalized Federally, allowing for Interstate Commerce, the Use of Banks, & Crop Insurance.

You are still required to apply for & receive a license to grow Hemp. This ISN’T a free for all.

+ How Will This Effect Programs Under the 2014 Farm Bill?

Once the USDA comes forward with their language on the Hemp program under the 2018 Farm Bill, States will be able to move forward with developing legislation.

States currently without a program will need to propose a program which will be approved by the Federal Government, or the USDA will take over in the state.

States with a pilot program from the 2014 Federal Farm Bill, will continue under the 2014 Bill, & apply for approval under the 2018 Farm Bill once the USDA provides their language.

+ Can Products Be Transported Across State Lines?

Whether or not there is a program in place in the State, products from other States may pass freely through all States without fear of repercussions.

This includes the end product, along with the living plants & viable seeds.

+ How Will This Effect CBD?

Though CBD has been legalized Federally & removed from the List of Controlled Substances, the FDA & the USDA have not approved the use of CBD.

People may be confused because GW Pharmaceutical’s drug Epidiolex® was approved by the FDA in 2018.

The FDA’s language doesn’t say other companies may sell CBD in Food Products, Dietary Supplements or Pharmaceuticals.

However some States including New York, will allow the production & sale of CBD as long as it follows Good Manufacturing Practices, & is produced in accordance with dietary supplement laws.

Also CBD Isolate may infringe on GW Pharmaceuticals patent, while Full Spectrum Hemp Extract will not.

The FDA & USDA have stated that they plan to set their regulations over CBD by this fall. Whether it can go into food, be used in nutraceuticals, or will be restricted to pharmaceuticals, is anyones guess at this point in time.