Hemp law reforms were never directly mentioned during the signing ceremony.
Hemp can either be grown as fiber, generally used to make clothing, rope and building materials, or to be harvested for its cannabidiol, or CBD, which is advertised as having broad but often unverified health benefits. Tennessee’s CBD market has exploded in recent years, and CBD oils, lotions and food can now be found for sale in dispensary-like stores throughout the state.
“We expect this change in federal regulation will offer additional opportunities for Tennessee farmers,” Freeman said in an email. “Additionally, Tennessee’s universities will have fewer restrictions and be able to do more research on this plant as an agricultural commodity.”
The passage of the Farm Bill is also expected to have ramifications in the sale of CBD products, which until now has had to largely survive without common financial infrastructures like bank loans and credit card services, said attorney Jonathan Miller, an expert on hemp law in Kentucky.
Hemp, which is closely related to marijuana but has no psychoactive effect, has been classified as a controlled substance under federal law for decades. The Farm Bill removes this designation and reclassifies hemp as an agricultural product, legally distancing hemp from pot, which is still illegal to grow in most states.
“That would be ginormous,” said Billy Wall, who farms 70 acres of hemp in Franklin and owns a hemp processing lab in Murfreesboro. “It would finally put us on equal footing with regular farmers. It would be huge for all of us.”
The new law will make it possible to buy crop insurance for hemp, erasing some of the risk for farmers who want to expand into the new market, and allow hemp to be moved across state lines, expanding options for exports and sales.
Despite being relatives, hemp and marijuana have varying contents of THC. When a CBD product is extracted from hemp, THC levels vary from 0% to 0.3%. 0.3% is a benchmark that separates legal CBD from illegal . Broad-spectrum and isolated CBD oils don’t have THC, while products classified as full-spectrum feature up to 0.3%.
Every state has the right to regulate trade and manufacture of hemp-derived products, including CBD oil. Some state-level laws prohibit the distribution of CBD if it contains more than 0.3% of tetrahydrocannabinol (THC). This is the “feel-good” substance that is found in marijuana. And if a certain state is marijuana-friendly, both hemp- and marijuana-derived CBD oils are totally legal. Below we’ve listed the states that welcome CBD, as well as those who have restrictions in place and those that are sitting on the fence.
The Difference Between Hemp and Marijuana CBD Oil
Unless you live in South Dakota or Idaho, you can purchase hemp-based CBD oil without breaking the law. And if you’re lucky to reside in marijuana-friendly states, you can even get your hands on products exceeding the 0.3% THC benchmark. In all other cases, you should carefully read labels and descriptions to make sure a bottle of CBD oil doesn’t cause legal liability.
It’s ok to purchase CBD oil in Idaho if it has no THC whatsoever. This makes full-spectrum products against the law. Nebraska residents are able to buy hemp-derived products (including THC ones) as long as they meet state regulations concerning the manufacturing process and quality. Currently, only South Dakota bans every type of CBD in its entirety.
The marijuana plant has less CBD than hemp but contains more THC. As a result, CBD extracted from marijuana and not hemp will have a level of THC that will exceed 0.3%.