Is it Legal to Sell Hemp Flower & Hemp Based Products in the United States?

Is it Legal to Sell Hemp Flower & Hemp Based Products in the United States?

Cannabis prohibition has long backdated roots extending as early as 1906. Hemp prohibition specifically began in the 1920’s. It wasn’t long before it was then classified as a drug in the mid-1930’s. 

Much of this negative framing around hemp was created by establishments that felt threatened by hemp within industrial textile production considering it was so economically viable.

As education and understanding spread, new generations of  industry have gained a deeper understanding of hemp as a diverse and malleable compound that can be used to produce biofuels, paper products, plastics, and so much more. With this redefined lens of hemp as a highly profitable industrial material, the push for legalization to cultivate as an industrial product began.

Not only was there an increase in the understanding of hemp as an industrial crop, but there was also an expansion of the understanding of hemp as a reducer in our ecological footprint. In 1998 Environmental Economics published a study that found hemp to be environmentally friendly based on the fast that it decreases land use and other atmospheric detrimental factors.

In April of 2009 House Republican Ron Paul of Texas introduced the Industrial Hemp Farming Act. This act is extremely important as it aims to make a clear distinction between marijuana and industrial hemp, a concept most continually misunderstood. The introduction of this act is extremely important as it laid the basis of understanding for a more traditionally conservative audience to then hold the understanding of hemp as an industrial crop.

In 2018 President Trump signed a Farm Bill worth $867 billion in order to not only provide financial aid to U.S. Farmers, but it also allowed for the legalization of hemp as an industrial crop. This Bill stands to serve importance in the aspect that it enables Americans to participate in industrial hemp cultivation, without the threat of penalty or unreasonable taxation.

Environmentalists' push for legislation is largely fueled by the recognition to move away from dependence on more environmentally detrimental crops such as cotton which requires much more water to produce roughly the same amount of material.

The Farm Bill has allowed for farmers to establish themself within the industrial hemp industry and create economic growth. Since its introduction the hemp industry has become a multi billion dollar industry, it is projected to exceed $26 billion by 2025.

So How Legal Is It?

In order for hemp flower and hemp products to meet Federal standards for industrial hemp it must contain less than 0.3% Delta-9 THC.

In order to avoid consumers from purchasing synthetic hemp products, labeling requirements may be required depending on state. For Example CBD producers in Utah are expected to place a code on their labels that proves it is legal, this helps consumers avoid inauthentic products.

The FDA has their own requirements for the production and distribution of CBD hemp products, however these laws are often less clear than individual state by state laws.

The FDA has not approved CBD hemp as a “dietary supplement”. Taking this into consideration it is important for producers of hemp products to take steps in properly marketing and selling their hemp products. These products should be framed and sold within the bounds of industrial application.

As long as the product contains less than 0.3% Delta-9 THC and meets the proper labeling requirements for the indicated state of sale, the product falls within full legality under Federal Law (as long as it also falls within the indicated state legality as well).

As a consumer it is always important to stay up to date with your local and state laws and regulations to maintain within compliance of your area.