Below are some frequently asked questions (FAQs) regarding hemp.
What is the difference between hemp and marijuana?
Marijuana and hemp both come from the same species of plant, Cannabis sativa L., but from different varieties or cultivars. Hemp varieties contain 0.3% or less tetrahydrocannabinol (THC) whereas marijuana varieties contain 10-30% THC. There are different varieties of Cannabis, just as Chihuahuas and St. Bernards are different breeds of Canis lupus.
Are hemp foods legal to import, buy, and consume in the United States?
Yes. Processed hemp seed and oil has always been legal. The case HIA v DEA established that hemp foods are exempt from control in the Controlled Substances Act and that they remain fully legal. An excellent overview of the case can be found on the DEA Hemp Food Rules page. Learn more by reading the 9th Circuit opinion invalidating DEA’s hemp food rules. (PDF file 72k)
Are hemp derived extracts that contain cannabidiol (CBD) legal?
The 2018 Farm Bill defined hemp as distinct from marijuana and removed it from the Controlled Substances Act. The definition of hemp covers all parts of the plant including cannabinoids. So hemp grown under the 2018 Farm Bill or the 2014 Farm Bill including hemp extracts are no longer classified as Controlled Substances. However, hemp products sold as dietary supplements or foods are still subject to regulation by the FDA under the Federal Food Drug and Cosmetic Act (FFDCA) and must meet existing federal regulations.
Some states have also passed laws regulating CBD so it is important to check your state to determine if hemp derived CBD is legal under state law.
