Harvesting Progress: The 2018 Farm Bill
The 2018 Farm Bill brought about a significant change in federal law, legalizing hemp and its derivatives at the federal level by removing it from the definition of marijuana under the Controlled Substances Act. This means that the production, processing, and sale of hemp products, including popular items like CBD oils and hemp-derived edibles, are federally legal as long as the delta-9 THC concentration remains at or below 0.3% on a dry weight basis. This landmark legislation established hemp as an agricultural commodity, allowing for interstate commerce and protecting the transportation of legally produced hemp products across state lines. For purchasers, this federal legalization provides a strong foundation of assurance that buying and using hemp products meeting the THC threshold is a lawful activity nationwide.
Looking at the potential future, the 2024-25 Farm Bill discussions include proposals that aim to refine the definition of hemp, particularly to address concerns about intoxicating hemp-derived products. The Senate’s draft suggests moving towards a “total THC” limit, encompassing delta-9 THC and THCA, still maintaining the 0.3% threshold. While this could impact the types of products available, it reinforces the focus on non-intoxicating hemp. Furthermore, the proposed bill seeks to differentiate “industrial hemp” for non-cannabinoid uses, potentially streamlining regulations for these products. These proposed changes signal an ongoing effort to create a clear and consistent regulatory landscape for hemp, which should continue to provide legal avenues for purchasing a wide range of hemp-derived goods that adhere to federal guidelines.
Therefore, individuals can be reassured that purchasing hemp products that comply with the 0.3% delta-9 THC (or potentially total THC under the 2024-25 Farm Bill) limit is currently and is expected to remain a federally legal activity. The 2018 Farm Bill established this legality, and ongoing legislative efforts aim to further clarify and regulate the industry, not to revert to prohibition. As long as consumers ensure that the products they are buying are sourced from licensed growers and processors and contain the legally allowed levels of THC, their transactions are within the bounds of federal law, offering a secure and legal marketplace for hemp-derived goods.