Is CBD hemp legal in your state? If so, does the rule consider the amount of Delta-9 or total THC? Not sure? Then this is the article for you. In this article, we’ll take a closer look at CBD hemp legality by state as well as what the difference is between <0.3 Delta-9 and Total THC.
We can trace hemp legality by state all the way back to the 2018 Farm Bill. This bill was a major piece of legislation and a major win for the hemp industry. Before this bill was passed, hemp was generally considered a controlled substance because of its association with marijuana. The purpose of the bill was aimed at differentiating hemp from marijuana based on its THC (tetrahydrocannabinol) content, or the amount of the psychoactive substance present in the plant.
By defining hemp as cannabis that has no more than 0.3% Delta-9 THC based on its dry weight, this meant that hemp could be legally cultivated, processed and sold. This is precisely what allowed Industrial Hemp farms and other industries like it to flourish, selling products produced and infused with hemp, from CBD oils and bulk CBD flower, to textiles and edibles.
However, despite opening the door for a wide variety of new products, the bill didn’t specify how states should measure THC content. This meant it was left up to individual states to interpret and enforce the standard. Some states took the interpretation literally, and others were more concerned about the psychoactive effects of THC after the hemp was processed, so they looked at it from a “Total THC” perspective.
Think of it as a way to balance supporting the hemp industry without going too far and allowing the cultivation of psychoactive cannabis (which is still illegal under federal law). Below, we discuss in detail the differences between the two and as you’ll see, it’s much more than just a technicality.
The legality of CBD hemp and products made for it has a variety of implications for both the hemp industry and consumers. For the hemp industry itself, this means:
It’s vital for hemp cultivators, producers and companies to comply with the THC measurement standard in their state. For those companies that fail to do so, their crops could be classified as “hot” hemp, meaning the hemp exceeds the legal THC limit and must be destroyed. This can lead to considerable financial losses.
For retailers operating in multiple states or selling across state lines, this patchwork of regulations means companies need to understand these differences to the fullest to avoid potential legal issues.
You may not realize it, but the standard that your state uses affects what products can be legally produced. For example, in states that use the Total THC standard, hemp-derived products need to be formulated to make sure that both the Delta-9 THC and THCA levels are within compliance. This affects the potency and the type of products available in that area.
You may think that the difference between Delta-9 THC and Total THC doesn’t matter much to consumers, but you’d be surprised at just how much this difference influences what you can buy and consume.
For those consumers who are seeking non-psychoactive CBD products (those with less than 0.3% THC) the distinction between the two standards is incredibly important. Products that follow the Total THC standard are less likely to cause psychoactive effects even if exposed to heat. This is important for those consumers that want to avoid such an experience due to their job or personal preferences.
States that follow the Total THC standard also feature product labels that more accurately reflect the complete amount of THC (and thus the psychoactive potential) of the product. This gives you, the consumer, greater clarity and direction on which variety of hemp or which type of product you decide to consume.
Because of the difference in THC standards, products that are legal in one state could be illegal in another. You’ll want to keep this in mind when traveling and stay up-to-date on whether or not the products you enjoy are legal in your area.
Beyond making this distinction and opening up the hemp industry as we know it, the Farm Bill also made possible a number of other advances. For example, hemp farmers became eligible for crop insurance and other types of agricultural support from the government, just like corn and other types of crop farmers. This was great news for farmers as it meant that more of them could enter this lucrative and expanding market.
The bill also encouraged research into the development and medicinal use of hemp. Higher education institutions and state departments of agriculture could now start up pilot programs to research hemp and its many uses. By legalizing hemp, the bill also removed it from under the Drug Enforcement Administration (DEA) and placed it under the jurisdiction of the U.S. Department of Agriculture.
All of this being said, the Farm Bill and its decisions aren’t without their challenges. As the hemp industry continues to grow, mature and evolve, it’s likely that we’ll see new regulations, requirements and changes to address new issues that come about as a result of these changes and shifts. Here at Industrial Hemp Farms, we champion the responsible, sustainable cultivation and use of hemp and the many products that can be made from it.
Should you have questions about any of the products sold here on our website or would like to know more, we invite you to contact us. We’d be happy to answer any questions you may have.
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