Hemp used to be considered one with marijuana, which is why it was banned along with the psychoactive herb way back in 1937. But it seems the miracle commodity is making a comeback with the signing of the 2018 Farm Bill. Officially removing hemp from the country’s list of controlled substances, this law makes hemp a legal across the entire United States.
And while some states are enjoying the full capacity of hemp freedom, there are others with strict marijuana laws that might affect the way the locals can use hemp. A good example would be South Dakota – a state with some of the most stringent marijuana legislation.
You can’t really talk about hemp freedom without talking about marijuana laws. In South Dakota, marijuana remains heavily regulated. Its possession, use, sale, and cultivation are still considered criminal offenses, worthy of prison time on top of steep penalties and fees even for first time violators.
All of that considered, it’s also worth knowing that there isn’t anything that separates hemp from marijuana aside from their THC content. Tetrahydrocannabinol, or THC, is the main psychoactive compound that occurs in the cannabis plant. Through careful cultivation techniques, farmers are able to reduce the amount of THC is hemp to 0.3% or less, which means it won’t cause the feeling of a high.
Aside from this difference in chemistry however, there isn’t anything else that distinguishes marijuana from hemp. That means there’s no way for law enforcement to tell the two apart when they encounter the herbs in person. This can be a problem as the local government attempts to implement marijuana law without trampling the freedom of the use of hemp.
That said, you might want to consider laying low with your use of raw hemp flower for the meantime. Of course, it isn’t a controlled substance and it should be free to use anywhere since it isn’t illegal on any level. But because of the way that it resembles marijuana, it might be in your best interest to simply keep your raw flower at home.
Edibles make up a huge percentage of the hemp market. These products are available in a wide variety and span everything from candies, to savory treats like jerky, and even CBD-infused water. And while hemp edibles have the lowest bioavailability according to research, they remain a popular necessity for individuals who want to incorporate hemp into various aspects of their daily routine.
Available at convenience stores, farmer’s markets, gasoline stations, and more, hemp edibles seem to be pretty widespread. But just because they’re available almost everywhere, doesn’t necessarily mean they’re legal, and that’s precisely what the FDA is trying to emphasize.
According to the Administration, hemp extracts are not approved as food additives. That means that any product incorporating hemp shouldn’t be available on the market.
As of present, the FDA has only approved two forms of CBD. And while it seems like it might take some time before they approve the rest of the hemp line-up, their leniency when it comes to edibles and supplements proves that they’re likely to give these products the green light sooner rather than later.
The short answer is no, you can’t grow your own hemp flower in South Dakota. But if it’s a legal plant, then why can’t you grow your own? The answer is simple – because it takes a high level of skill and knowledge in order to cultivate cannabis to express the THC content of hemp.
In the hand of an inexperienced, DIY, backyard farmer, the cannabis plant could easily yield marijuana. And because marijuana is illegal in the state of South Dakota, growing hemp without a license is also a violation of the law and may be punishable with imprisonment or steep fines.
It’s true that South Dakota has some of the strictest marijuana laws, and they might sometimes encroach on hemp territory. But as long as you don’t grow your own hemp, and as long as you keep your raw flower safely tucked away at home, there shouldn’t be a problem.
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