Pounding the Judge’s Gavel -- CBD Hemp Flower Opens the Law Books
“CBD hemp flower opens the law books because it has had a rollercoaster ride through the years of its existence until the 2018 Farm Bill.”
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Orange Slice Indoor Hemp Flower
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TABLE of CONTENTS
The 2018 Farm Bill
Federal vs State Law
What is Not Legal
The Bottom Line
Today’s Feature Post
Dr. Strains CBD Weekly Specials “Spotte”
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Confusion over the legality of CBD dates back years but when the 2018 Farm Bill changed the CBD hemp laws to legalize production, the controversary intensified because hemp had previously been in the Controlled Substance list on an equal footing as heroin.
CBD Hemp Flower Opens the Law Books -- The 2018 Farm Bill
This Bill legalized hemp on a federal footing. Each state could adopt the federal ruling as their state rule or make their own more stringent rule to not accept the hemp legalization. There are some states which decide to stay in the gray area and do not accept or deny the legalization of hemp. Other states override the federal legalization and passed a bill banning it in their state.
I am not going to make a list of each of these categories because states are continually making adjustments, as they decide to legalize it. You will need to find out what the current law is in your state for growing hemp and selling it. Additional information for the hemp farmers is that if you are transporting harvested hemp interstate and need to pass through a state that bans it, the 2018 Farm Bill has a clause that legalizes it as it travels through the state.
CBD Hemp Flower Opens the Law Books -- Federal vs State Law
Most states complied with federal laws when the 2018 Farm Bill passed. However, there are still four to six states who still prohibit the growth and production of hemp. This confusion leaves local police and prosecutors with unanswered questions regarding legal vs. illegal.
CBD hemp laws have legalized the growth of hemp and the use of CBD hemp, but federal policy creators say that adding CBD to food products is like making the addition of a prescription drug to food – it’s forbidden. On the other hand, because of the gray area of the subject, States and cities made their own rules which then creates a patchwork or varying CBD hemp laws.
State to state the laws vary so it is up to you to find out if your state is on the legal side or the illegal corridor. A recent Colorado law says all parts of the hemp plant can legally be added to food which a company sells. Missouri passed a law saying that medical marijuana with a higher than 0.3% THC is legal and allows the addition of CBD to alcohol at drinking establishments. Then California, New York City and Georgia got on board with the federal law that bans adding CBD to food such as CBD-infused cookies. Texas, Nebraska, Ohio and other states have arrested store proprietors for selling CBD products even when they have 0.3% or less of THC.
CBD Hemp Flower Opens the Law Books – The Law on Testing Procedures
There are uncomfortable variables when hemp seeds are grown in two different geographical regions even or two different climates because they can test differently. Farmers also have the variable that they can suddenly come up with a hot crop, one that is above 0.3% THC, which they have to destroy.
There may be little uniformity across states in how the crop is tested because some states test the top 8 inches of a plant and others test 6 inches. This could make a different in the overall testing process. And the testing is to be 15 days prior to anticipated harvest but what if there is a backlog at the testing site prohibiting the harvest to go forward? THC levels can increase in the last days of harvest so is the 15 days prior really an accurate testing. Some harvesting times involve multiple days so the 15 days prior to harvest is an approximation.
CBD Hemp Flower Opens the Law Books -- What is Not Legal
The most important point here is that it is you, the user’s responsibility to prove you are smoking or dry vaping hemp rather than marijuana. So, if you are an avid smoker, you need to have a contingence plan of how to prove that you are smoking hemp, not marijuana. The dispensary you purchase your hemp flower from can provide you with a batch-specific lab report for proof. Hemp is federally legal and compliant, but the burden of proof is on you to prove what you have. It is also a good idea to know what laws are in the books in your state so you can have the proper paperwork proof.
Generally speaking, you cannot get arrested for smoking hemp flower now that hemp is legal. But not to be repetitive, study specific regulations within your state in order to avoid arrests. If you are a vendor and live in a state that put a new law out forbidding selling of smokable hemp flower, you can still sell it as a product to use in making tea or to use in edibles.
The Bottom Line
The Presidential signing of the 2018 Farm Bill opened up the hemp market with cultivation after nearly a century of being shut down and that was good economic news for the farmers. Hemp and marijuana are both cannabis which is what caused decades of confusion. The two plants resemble each other but the leaves are different even though by a little.
Hemp naturally has very low percentages of THC which is the mind-altering cannabinoid. Legally it can only test at 0.3% THC or less to be acceptable as hemp.
TODAY’S FEATURE POST
What You Must Know About CBD and Kratom
https://www.drstrainscbd.com/what-you-must-know-about-cbd-and-kratom/
If you want more information on all things CBD, read other posts here on our blog.
Dr. Strains CBD Weekly Special “Spotte”
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Visit Dr. Strains CBD inventory to find other hemp flowers.
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