Hemp and marijuana are two infamous plants belonging to the cannabis sativa family and are often confused with one another because of their similar characteristics.
But these are two entirely different plants with varying functionality and benefits. However, one common thing exists in both plants, i.e., they produce CBD extracts. However, cannabidiol (CBD) derived from marijuana and hemp have different legal statuses.
That brings us to the question, is wild hemp legal? And what about marijuana-derived CBD? Read on to find an answer to all your queries.
The Farm Bill: Is Wild Hemp Legal?
In 2018, the Farm Bill was passed, officially legalizing the production and manufacturing of hemp and hemp-based products.
But what does this mean for cannabidiol and marijuana? Have they been legalized as well, according to the Bill?
As far as marijuana is concerned, it is not legal under federal law. However, some states have legalized the use of marijuana for medical purposes in limited quantities.
On the other hand, CBD, a byproduct of both hemp and marijuana, is considered legal. Still, some restrictions can make CBD illegal.
The Legal Status of CBD
CBD is a popular product known for its many health benefits, such as treating anxiety, depression, insomnia, skin conditions, and neurological disorders. It also has use in anti-epileptic drugs.
CBD is officially a legal byproduct of the hemp plant as long as it does not contain tetrahydrocannabinol (THC). If CBD does contain THC, it should be less than or equal to 0.3%. If THC traces exceed this limit, the resulting product will fall under the category of illegal substances as per federal law.
So, what does this mean for marijuana-driven CBD?
According to the Farm Bill, 2018, CBD derived from marijuana plants is illegal. But in states where marijuana is legal, no such restrictions exist.
But in states where marijuana falls under the category of a controlled substance or is only allowed for medical purposes, strict action would follow the unlawful use of CBD.
CBD Products and the FDA
Is CBD legal? Yes! But CBD products are available in a wide variety. The list of products is endless, from gummies and tinctures to oils and creams.
So, what does the FDA have to do with these different forms of CBD?
While the FDA doesn’t necessarily regulate the hemp and cannabidiol market, it still has authority over dietary supplements marketed for therapeutic benefits, such as anti-inflammatory, anti-epileptic, anti-depressant, anxiety and insomnia relievers, etc.
Once the Farm Bill became law, the FDA issued a statement saying they would have complete authority over food-based CBD products and that all such products must be reviewed and approved before marketing and launching.
Manufacturing and marketing of products without FDA approval will instantly make that product illegal.
However, even CBD is considered illegal in some states, despite the federal law declaring it legal. Still, suppose consumers purchase CBD products online in such states. In that case, it is doubtful that law enforcement authorities would take legal action as no such incident has ever occurred.
The Legal Status of Marijuana
Marijuana and hemp go hand in hand as they belong to the same plant family. However, marijuana laws differ considerably from hemp laws.
While hemp is no longer a controlled substance, marijuana still sits on the list. Federal law still considers marijuana and marijuana-derived CBD illegal. But the federal authority has not yet taken any action on the use of marijuana in states where it is declared legal.
Out of all the US states, only six states consider the use of marijuana and its products completely illegal. These include:
- North Carolina
- South Carolina
On the other hand, in seven states, only CBD oil is legal. These states include the following:
In the remaining states, marijuana is either partially or wholly legal. Partial legalization allows the use of marijuana for medicinal purposes. If found in excess quantities without a valid prescription, it can lead to hefty fines and even jail time.
The Future of the Hemp Industry
Is wild hemp legal? Yes. Since hemp is legal, so is CBD, as long as it contains 0 to 0.3% THC.
Since the legalization of hemp, the industry has gained rapid popularity and will continue to grow tremendously in the upcoming years. Hemp products, such as hemp cigarettes, gummies, oils, tinctures, and topicals, offer many health benefits. But when they contain CBD, the product becomes even more beneficial.
For instance, CBD cigarettes offer more advantages over wild hemp cigarettes because of the soothing properties of cannabidiol. Still, hemp is also known for being rich in nutrients and anti-inflammatory.
Consequently, the CBD and the hemp industry will continue to prevail, with many new brands coming to the forefront.
Incorporating hemp into cigarettes offers countless advantages over tobacco cigarettes because of their non-addictive nature. Moreover, CBD skincare has become a new trend in the beauty world. In other words, from health and fitness to beauty and dermatology, hemp and CBD are likely to take over multiple niches in the upcoming years.
The Bottom Line
One of the most frequently asked questions about hemp is; is wild hemp legal? According to the Farm Bill, 2018, it is legal under federal law. Even though state laws regarding hemp and marijuana differ, there aren’t any restrictions regarding CBD use, as long as it contains THC within the predetermined limit, i.e., 0 to 0.3%.
However, marijuana-derived CBD is illegal under federal law. But in states where marijuana is considered legal, you can use CBD obtained from the said plant.