When you think of understanding the legality of the hemp industry, it seems like something that would probably need you to have a law degree. But, the fact is that the laws are pretty straight and simple in this regard. And, that has been made possible thanks to the widespread research and decriminalization of the hemp industry.
With the newly found information, the legislators have started establishing the ways through which the manufacturing and purchasing of this plant and its derivatives have been made possible.
So, that brings us to the topic of discussion for today: is buying and selling hemp flower legal? What is the catch in here? Let’s find the answers to those questions and more!
The Legality of Buying and Selling Hemp Flower
If you went back to 1906, you would probably not even think of this question! This is because hemp was a prohibited crop by the Federal law. The hemp flower comes from the extensive cannabis family, and all of it was banned back then.
However, the times have changed for good, and now people are more aware of the benefits held by hemp. After all, it is useful in the production of paper products, jewelry, soil purification, and bio-fuel production.
In 2009, Ron Paul, a member of the Republicans, came up with the Industrial Hemp Farming Act. This act aimed to set a clear boundary between industrial hemp and marijuana. Though the legislation was not passed immediately, it did leave a mark on the congressional members, and was discussed widely all over the nation.
Finally, in the year 2018, President Trump had signed an $867 billion Farm Bill, which legalized industrial hemp cultivation, besides providing financial aid to the U.S. farmers. Thus, even buying and selling the hemp flower became legal under this legislation.
So, the Farm Bill made it possible for the cultivators to grow hemp plant without the fear of excessive taxation or legal issues. The bill was also instrumental in helping the hemp farmers achieve sustained economic growth.
The Nuances of the Law
There are certain rules and regulations to be followed when it comes to buying and selling CBD hemp flowers legally in the USA. Firstly, the federal laws dictate that industrial hemp should have less than 0.3% of Delta-9 THC.
Secondly, the companies are strictly prohibited to label hemp flower as something that is medicinal or curative. The CBD hemp flower might or might not help you with pain relief or relax after a hard day’s work, but the company cannot claim it to be some kind of medicine. Any company that makes such claims runs the risk of perjury and penalty.
Thirdly, there are labeling requirements that vary from one state to another. For instance, in Utah, the CBD hemp producers have to put a code on the label that proves the legality of the product. Similarly, in Indiana, the producers have to clearly state all the product details on the label.
Lastly, there specific FDA regulations that state CBD hemp flower cannot be marketed as a dietary supplement. Thus, the companies have to be careful about what they sell and how they advertise it.
The Rules of Labeling the CBD Hemp Flower
The number of flower buds and the net weight of the package should be clearly stated in front of the product. Your state might have additional laws as well regarding this criterion.
The display label must also come with a clear indication of the identity of the product, for instance, whether it hemp extract or hemp flower. The authorities have the right to seize anything that does not state this fact clearly.
Companies are also required to clearly state the amount of every substance that the package has, such as the percentage of Delta 9 THC, terpenes, CBD, and so on. Finally, you should also make sure that you are getting full spectrum hemp, and nothing else.
Make sure that the product that you are getting is hemp-based because only industrial hemp is considered legal in the USA. The terms ‘hemp’ and ‘CBD’ has been misused by countless entities coming up in the market almost every week, and thus, you need to be careful about what you choose.