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. There are different varieties of Cannabis, just as Chihuahuas and St. Bernards are different breeds of Canis lupus.
Is hemp legal to grow in the United States?
Section 7606 of the 2014 Farm Bill authorized hemp research and pilot programs by state departments of agriculture and institutions of higher education. Some states have licensed farmers to conduct pilot programs and research on hemp. In 2017 there were 19 states that allowed hemp to be grown.
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 Farm Bill of 2014 defined hemp as distinct from marijuana when grown under a compliant state program “notwithstanding the Controlled Substances Act.” So hemp grown under Sec. 7606 of the Farm Bill and all its parts and derivatives are NOT marijuana and are not controlled substances.
Despite this fact, the Drug Enforcement Administration (DEA) has stated that CBD is a Controlled Substance under federal law creating confusion. A new provision in the Senate version of the 2018 Farm Bill will clear this up for good. We hope that it will be finalized and signed by the President soon.
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.