{"id":181,"date":"2018-12-20T00:00:00","date_gmt":"2018-12-20T00:00:00","guid":{"rendered":"https:\/\/norrismclaughlin.com\/lg\/2018\/12\/20\/the-ghost-of-cbd-past-present-and-future-cbd-present-and-the-farm-bill\/"},"modified":"2018-12-20T00:00:00","modified_gmt":"2018-12-20T00:00:00","slug":"the-ghost-of-cbd-past-present-and-future-cbd-present-and-the-farm-bill","status":"publish","type":"post","link":"https:\/\/norrismclaughlin.com\/lg\/laws\/the-ghost-of-cbd-past-present-and-future-cbd-present-and-the-farm-bill\/","title":{"rendered":"The Ghost of CBD Past, Present, and Future: CBD Present and the Farm Bill"},"content":{"rendered":"

In this second post in Legally Grown\u2019s <\/em>CBD holiday series, the Ghost of CBD Present looms large.\u00a0 (You can check out the first post in this series here<\/strong><\/a>.)\u00a0 We address what is happening now in the legal regulation of CBD-related goods and services, which is all-things-Farm-Bill.\u00a0 While the Farm Bill is a sweeping bill addressing a litany of US agriculture-related issues, the bill\u2019s impact that is most interesting to our readers is that the production and interstate sale of industrial hemp and products derived from industrial hemp, like CBD products, are no longer illegal under the Controlled Substances Act (\u201cCSA\u201d).<\/p>\n

On December 11, 2018, the Senate passed the Agricultural Improvement Act of 2018 (the \u201cFarm Bill\u201d)<\/a> in an 87-to-13 vote, which among many other things removes industrial hemp from the definition of \u201cmarijuana\u201d under the Controlled Substances Act.\u00a0 The Farm Bill was passed by the House of Representatives on December 12, 2018.\u00a0 President Trump signed the bill into law on December 20.<\/p>\n

The Farm Bill\u2019s impact on the cannabis industry is two-fold:<\/p>\n

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  1. The Farm Bill designates the states and tribal authorities as the primary regulatory authority over industrial hemp, with some oversight and enforcement by the federal government; and<\/li>\n
  2. The Farm Bill removes industrial hemp from the CSA making the production and interstate sales of industrial hemp and CBD legal.<\/li>\n<\/ol>\n

    However, the Farm Bill does not open the floodgates for the sale of CBD per se<\/em>.\u00a0 While CBD is no longer a Schedule I controlled substance under the CSA, producers and sellers of CBD products must comply with the requirements of their respective state governments and the Food and Drug Administration (\u201cFDA\u201d).\u00a0 It remains to be seen how the FDA will regulate CBD products since CBD can be an ingredient or component of foods, drugs, and cosmetics.<\/p>\n

    Federal Legalization of Industrial Hemp and CBD to Be Primarily Regulated by the States<\/em><\/strong><\/h4>\n

    The Farm Bill effectively gives states the primary regulatory authority over the production of industrial hemp. \u00a0The Farm Bill defines \u201chemp\u201d as \u201cthe plant Cannabis sativa L.<\/em> and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.\u201d<\/p>\n

    Each state must submit its plan for the regulation of hemp production to the US Department of Agriculture.\u00a0 Each state\u2019s plan must provide the following information as to how the state will monitor and regulate production.<\/p>\n

    While the plan can include other requirements, it must, at a minimum, provide:<\/p>\n