Hemp “will [now] be an agricultural commodity,” like wheat or oranges, Miller says. “It does not impact marijuana-derived CBD.”
It will carve out an exemption for traditional hemp plants, defined as having a maximum of 0.3% of THC, he says. “Those are no longer defined as controlled substances.”
“It is going to bring some level of clarity to this market,” NORML’s Armentano says.
What About CBD Products?
Even with the Farm Bill provision, state or local governments can impose stricter limitations, Miller says. Right now, about 15 states have “pretty strong pro-hemp CBD statues. All the rest are vague or silent.”
Even though, thanks to the Farm Bill, hemp lost its status as a Schedule I drug – one that has no proven medical purpose and potential for abuse – marijuana did not. That means even though many states have legalized its use, the federal government still considers marijuana and CBD products derived from marijuana in almost any form to be illegal. But so far, federal law enforcement officials have not used their power to swoop in and shut down marijuana operations in states that have legalized it.
Industrial hemp has potential for food, medicine, and even car parts. And it’s been called a potential boon for Kentucky farmers looking for an alternative to their tobacco crops.
And November’s midterm elections, along with action by Congress late in 2018 to legalize hemp in the Farm Bill, brought even more changes to the landscape. Hemp is a variety of the cannabis plant with a negligible amount of the high-producing THC found in marijuiana.
There are no two ways about it: If you live in one of these states, your options when it comes to CBD oil are extremely limited. Any cannabis products, including CBD oil, are illegal in these states. The good news is, with the stigma around cannabis changing and 47 states already relaxing their laws around CBD oil in particular, these final few hopefully won’t be far behind. Keep your eye on these states as the landscape is constantly changing:
Kansas – Recently exempted CBD oil from their criminal laws regarding cannabis, providing the THC content is 0%.
Georgia – CBD oil is available on prescription to patients suffering from a range of specific degenerative or debilitating conditions. The THC content must be no higher than 5%.
Amber-Red States: Only CBD Products Okay Under Certain Conditions
Tennessee – CBD oil made from hemp (not marijuana) is legal. CBD oil is available on prescription to those with epilepsy but must not contain more than 0.9% THC.
The following amber-red states do not allow for the purchase or consumption of cannabis or related products for any reason unless it’s a CBD product used only for the following reasons:
Mississippi – Epilepsy sufferers may be able to take CBD oil under the supervision of a licensed physician. The CBD content must be at least 15% and the THC no higher than 0.5%.
With varying laws across the country, we’ve created this alphabetically ordered traffic light system to help you easily access the information relevant to your state.