CBD is picking up popularity very fast in numerous states over the United States and different nations around the world. Even with the popularity, if you ask many people if they know the difference between the hemp CBD flower and Marijuana, many will say that they do not have any idea. Why does the confusion exist?
Hemp and Marijuana are two names that are synonymous with weed culture, and considering that they look the same, it is understandable why the confusion exists. Hemp and cannabis are both cannabis Sativa varieties, they both produce flowers, they both have CBD properties, and they are controversial, with legality issues hanging over their cultivation, sale, and purchase.
However, the two are as different as day and night. The hemp flower contains more CBD properties than THC, while most marijuana strains have more THC than they do CBD. Below is a look at the road to CBD hemp legality in the US and the states that enacted the farm bill to make hemp-sourced CBD products and hemp farming legal.
The Road to Legalizing CBD Hemp
The federal law Farm Bill started building a framework for various hemp programs across the country in 2014. The bill permitted farmers from several states to grow industrial hemp without acquiring a DEA (Drug Enforcement Administration) permit. The move paved the way for many large-scale hemp farms and different types of CBD products across the country.
In 2018, The Agriculture Improvement Act created more chances and room across the country for hemp cultivation. The new laws accommodated much more than industrial hemp farming and pilot programs. The new law also lifted several restrictions such as transportation, sale, purchase, and possession of hemp products across all the states as long as they abided by the federal government’s regulations.
The 2018 Farm Bill made hemp flower and hemp-derived CBD products legal in many states across the united states, making the products possible in many places, including pharmacies, retailers, and online. The legality of the hemp flower and hemp-derived CBD got thumbs up because of the numerous cannabidiol benefits.
Some of the benefits include pain reduction, promoting sleep, improving mood, treating anxiety, and many more. Even with the knowledge about the cannabidiol benefits of the hemp flower, debate still rages about its legality. In this article, we look at the states where hemp flower and hemp-derived CBD products are legal. We also look at the states that are yet to enact the 2018 farm bill.
Is it Legal to Sell Hemp Flower in the US?
The legality of the hemp flower across all the US’s 50 states is confusing to several people, including those in law enforcement. In some states where cultivating and using the hemp flower is legal, you still may get into trouble with the law enforcement simply because they cannot tell the difference between hemp and Marijuana.
CBD hemp flower is a CBD hemp plant product, left after removing all the excess leaves from the hemp plant, either by hand or machine. Just like marijuana buds, CBD hemp flowers go through the harvesting, drying, and curing process. The hemp flower is the major part of the hemp plant.
Hemp flower is also the part of the plant that contains the most elevated CBD properties. Presently to address the question on whether it is legitimate to sell hemp flower in the US, the answer is, yes. It is legal to sell hemp flower in the US, but the sale legality varies from one state to another.
This means that while some states enacted the 2018 farm bill and made the sale of hemp flower legal at a federal level, some did not, while others have conditions based on the degree of legality. In some states, the laws are not straightforward, making it even more confusing to hemp flower enthusiasts.
What are the Current Hemp Flower Laws?
The 2018 Farm Bill characterizes “hemp” as, to some degree, “acids, […] with a delta-9 tetrahydrocannabinol grouping of not more than 0.3 percent on dry weight.” A few states interpreted the farm bill to mean that only delta-9 THC would be the deciding factor on consistency with the federal laws.
Nonetheless, different states like Oregon, decipher the government rule to imply that because THCA is an acidic cannabinoid that “contains” THC, it needs an addition to the THC fixation to guarantee that their absolute focus does not surpass 0.3 percent.
Among the first ever states to embrace rules similar to the federal laws was Kentucky in 2018. Since then, other states changed their existing hemp laws and adopted new ones similar to the federal regulations.
States Where Hemp Is Legal In the US
Even though the passing of the 2018 farm bill ushered in a new era in hemp cultivation, some states are yet to adopt the potential that comes with hemp farming. State-level legislation also continues to dictate the use of hemp in many of the states. The states that enacted the 2018 farm bill outnumber those that are yet to legalize the use, cultivation, and sale of hemp.
Out of the 50 states, just three do not permit any type of hemp cultivating. The three states are Idaho, Nebraska, and North Dakota. Some of the states can only grow hemp for research, industrial and pilot programs.
They cannot produce the same for private use in their home gardens. It is also important to note that growing hemp for pilot programs or industrial hemp is different from growing hemp for commercial or research purposes. The following are the states where hemp is legal in the US.
- Alabama –Hemp-sourced CBD and Marijuana sourced CBD is lawful. The legalized Marijuana sourced CBD is only for treating debilitating seizures
- Alaska –Hemp sourced CBD is legal, and so is Marijuana sourced CBD for both recreational and medical purposes
- Arizona-Hemp-sourced CBD is legal; while Marijuana sourced CBD for medical use is unclear. Marijuana-sourced CBD for recreational purposes is illegal
- Arkansas Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal while Marijuana-sourced CBD for recreational purposes is illegal.
- Colorado-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- California-Hemp sourced CBD, alongside both Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all lawful
- Connecticut-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Delaware-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Florida-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Georgia-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Hawaii–Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal while Marijuana-sourced CBD for recreational purposes is illegal
- Idaho-Hemp-sourced CBD plus Marijuana-sourced CBD for both recreational and medical use are all unlawful.
- Illinois-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- Indiana–Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Iowa-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Kansas-Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Kentucky-Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Louisiana-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Maine-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- Maryland-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Massachusetts-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- Michigan-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- Minnesota-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal while Marijuana-sourced CBD for recreational purposes is illegal.
- Mississippi--Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Missouri-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Montana-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Nebraska-Hemp-sourced CBD plus Marijuana-sourced CBD for medical and recreational purposes is unlawful.
- Nevada-Hemp sourced CBD together with Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are unlawful.
- New Hampshire-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- New Jersey-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- New Mexico-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- New York-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- North Carolina–Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- North Dakota-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal. Marijuana-sourced CBD for recreational purposes is not legal.
- Ohio- Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Oklahoma Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Oregon-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- Pennsylvania Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Rhode Island-Hemp-sourced CBD together with Marijuana-sourced CBD for medical use are legal. Marijuana-sourced CBD for recreational purposes is unlawful.
- South Carolina–Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- South Dakota–Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Tennessee-Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Texas–Hemp-sourced CBD is legal while Marijuana sourced CBD irrespective of the purpose is illegal
- Utah Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Vermont-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- Virginia Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Washington-Hemp sourced CBD, Marijuana-sourced CBD for medical use, and Marijuana-sourced CBD for recreational purposes are all legal
- West Virginia-Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is not legal.
- Wisconsin Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
- Wyoming Hemp-sourced CBD and Marijuana-sourced CBD for medical use are legal, while Marijuana-sourced CBD for recreational purposes is illegal.
Wrapping it up
CBD hemp flower farming dates back to many years ago, but it is not until recently that the government of the United States legalized its derivative products across many borders within the country. The bill authorized industrial hemp flower growth as long as the THC content did not exceed 0.3%.
The new bill does not provide private hemp farmers that want to cultivate the plant for their persona use a legal go ahead to do so. Many states applied the bill quickly though some states decided to apply their own restrictions towards the distribution, cultivation, and use of CBD hemp derivatives.
Though the states with the limits do not oppose the use of cannabidiol, they restrict the flower part of the plant. The restrictions are mainly for hemp growers and not the user, which means you do not have to worry so much about getting into trouble for buying your favorite hemp-source products.
If you want to know if you can use CBD flower legally, you will need to look at your state’s legislation regulations because the laws differ from one state to the next.
I started happy hemp after getting sick, losing my job and health insurance. starting with my health, i took issues into my own hands. enter hemp. Hemp seeds are the most nutritionally balanced food source on the planet. Hemp is full of omegas, protein, essential fatty acids, vitamins and minerals. This little seed literally became the seed of change in my life!
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