What is the Federal Law on Hemp?

The Oklahoma Supreme Court recently rejected two challenges to the marijuana legalization initiative, indicating that the final ruling of the vote is imminent. This comes as two out of three voters in Pennsylvania support the legalization of marijuana, according to a new poll. Leaders of the Native American Church have asked Congress for funding to support Cultivation and Preservation. A congressman has suggested that ending marijuana testing could help resolve labor disputes and supply chain problems.

An Arkansas survey shows a growing majority support for the initiative to vote on the legalization of marijuana, while top Republicans urge “no” to the vote. A stereotypical study on television reveals that the pharmaceutical industry is suffering billions in losses after states legalized marijuana, a new study reveals that more Americans are now smoking marijuana than cigarettes, for the first time in history, Gallup reports. Border officials want to buy “cannabis analyzers” to detect cannabinoid profiles and distinguish hemp from psilocybin. Treatment associated with “sharp decreases” in excessive alcohol consumption, according to a study by the American Medical Association, while the World Anti-Doping Agency is ready to keep marijuana on the list of banned substances.

The Department of Agriculture (USDA) announced Friday that it has finalized federal regulations for hemp. Industry stakeholders say they are encouraged by improvements over the initial interim rules, but see room for further changes, which they expect to come under the next Biden administration. In response to those comments, the USDA made temporary revisions and reopened comment periods for additional information. On Friday, the USDA also released supplemental guidance materials on the sampling, testing and elimination components of the rule.

Stakeholders say that the most recent rules represent an improvement over the previous version, but that some problems still persist. Larry Farnsworth, spokesman for the National Industrial Hemp Council, said the organization is “pleased” that the USDA has finally published its long-awaited regulation on U. S. domestic hemp production and is glad they heard industry concerns regarding sampling and testing.

The current Secretary of Agriculture, Sonny Perdue, has said that the agency was tied up in part due to legal obligations, and also noted the DEA's refusal to create regulations for the market. The law details possible punishments for such violations, ways for violators to comply with the rules, and even what activities qualify as serious crimes under the law, such as repeat offenses. Under federal law, hemp contains no more than 0.3 percent THC, and can now reach 1 percent without needing eradication. Each of these programs is illegal under federal law with no exceptions and the Farm Bill does nothing to change that.

Under the Federal Food, Drug and Cosmetic Act (Act FD&C), it is illegal to bring into interstate commerce a food (including any food or animal feed) to which a substance has been added that is an active ingredient in an approved drug or a substance for which research has been conducted substantial clinics have been initiated and the existence of these investigations has been made public. For decades, federal law did not differentiate hemp from other cannabis plants, all of which were declared illegal in 1937 under the Marijuana Tax Act and were formally declared illegal in 1970 under the Controlled Substances Act, which banned cannabis of any kind. The bill also makes hemp growers eligible for federal crop insurance programs and certain grants from several states, tribes and local jurisdictions who have enacted laws decriminalizing or allowing different types of cannabis compounds or products under state law. The USDA does not establish laws and regulations for procedures for destruction of a controlled substance so they were limited in addressing this problem.

Even CBD products produced by state legal medical or adult cannabis programs are illegal products under federal law both within states and across state borders. The issue of interstate commerce arises when something such as industrial hemp is legal in some states and federally but illegal in other states. Nor does it impose restrictions on sale transportation or possession of hemp-derived products provided those items are produced in a manner consistent with law. The Farm Bill guarantees that any cannabinoid a set of chemical compounds found in cannabis plants derived from hemp will be legal only if that hemp is produced in a manner consistent with Farm Bill associated federal regulations state association regulations and by...

Tasha Falsetti
Tasha Falsetti

Friend of animals everywhere. Hardcore food evangelist. Subtly charming twitter aficionado. Avid web scholar. Passionate twitter guru. Proud music geek.