Is Hemp Legal?

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Hemp Laws

Federal Law

The 2018 Farm Bill: The Game Changer
The most important piece of federal legislation concerning hemp is the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill. This law had a monumental impact by:

• Removing Hemp from the Controlled Substances Act: It legally separated hemp from marijuana, reclassifying it as an agricultural commodity. This means hemp and hemp-derived products are no longer considered Schedule I controlled substances under federal law.
• Defining Hemp: The bill legally defines hemp as the cannabis sativa plant and any part of that plant—including seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers—with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3% on a dry weight basis. Anything above this THC limit is still considered marijuana and remains a Schedule I controlled substance.
• Legalizing Interstate Commerce: The law made it legal to transport hemp and hemp-derived products across state lines, as long as the products were produced in accordance with a state, tribal, or USDA-approved plan.
  Key Regulatory and Licensing Details
  While the Farm Bill legalized hemp at the federal level, it also established a strict regulatory framework. Here are some key points:
• USDA Oversight: The U.S. Department of Agriculture (USDA) was tasked with creating a national regulatory framework for hemp production. This includes approving plans submitted by states and Indian tribes for the production of hemp.
• State and Tribal Plans: States and Indian tribes can submit their own plans to the USDA for approval. If a state or tribe does not have an approved plan, producers must get a license from the USDA and follow the federal plan.
• Licensing and Reporting: To legally grow hemp, a producer must be licensed. They are required to report their planted acreage to the Farm Service Agency (FSA) and adhere to strict sampling and testing procedures to ensure their crop remains below the 0.3% THC threshold.
• Felony Convictions: The law includes a provision that makes anyone with a felony conviction related to a controlled substance in the past 10 years ineligible to produce hemp.
  Important Nuances and Limitations
  Despite the legalization, the hemp industry still faces regulatory challenges, particularly regarding consumer products.
• FDA Authority: The 2018 Farm Bill explicitly preserved the authority of the Food and Drug Administration (FDA) to regulate products containing hemp and hemp-derived ingredients, such as CBD. This has led to a complex and often unclear regulatory environment for consumer products. The FDA has not yet established a clear regulatory pathway for CBD in food or dietary supplements.
• “Hot” Hemp: If a hemp crop tests above the 0.3% THC limit, it is considered “hot” and must be disposed of according to USDA regulations.
  

Florida Law

The Legal Landscape of Hemp in Florida: A Rundown

Florida’s hemp laws are a complex and evolving area, driven by both federal and state regulations. For any business operating in the WordPress, it’s crucial to understand the key aspects of these laws to ensure compliance.
The Foundation: Federal and State Law

• The 2018 Farm Bill: At the federal level, the 2018 Farm Bill legalized hemp as an agricultural commodity, so long as it contains no more than 0.3% Delta-9 THC on a dry-weight basis. This is the foundational law that allows states like Florida to establish their own hemp programs.
• Florida’s State Hemp Program: In 2019, Florida followed suit by passing legislation to create its own State Hemp Program, managed by the Florida Department of Agriculture and Consumer Services (FDACS). This program oversees the cultivation, processing, and sale of hemp and hemp-derived products.
  Key Aspects for Businesses

Licensing and Permits:

• Cultivation: If you plan to grow hemp, you must apply for a cultivation license from FDACS. The application process is rigorous and requires detailed information, including legal descriptions of the land and a fingerprint background check for all key personnel.
• Processing and Selling: Even if you’re not growing hemp, you need a license to process, manufacture, or sell hemp-infused food products. This includes retail locations that only sell pre-packaged items. A “Food Establishment Permit” or a “Hemp Food Establishment Permit” is required from FDACS’s Division of Food Safety.
• Retail: Businesses selling hemp products, including those not for consumption, may also need to be licensed. The Florida Department of Business and Professional Regulation (DBPR) has been actively enforcing rules to prevent the sale of harmful hemp products to minors.

Product Requirements and Restrictions:

• THC Limits: The most important rule is the THC limit. All hemp products must contain less than 0.3% total Delta-9 THC on a dry-weight basis. Florida has also recently enacted new regulations that may further restrict THC potency in certain products.
• Testing and Certificates of Analysis (COA): All hemp extract products must be tested by a certified, independent laboratory. The product’s packaging must include a scannable QR code that links to a Certificate of Analysis (COA), which provides information on the product’s contents, potency, and a confirmation of prohibited substances.
• Packaging and Labeling: This is a major area of focus for regulators. Packaging must be:
• Child-resistant: This is a new and important requirement to enhance safety.
• Tamper-evident: The packaging must clearly show if it has been opened.
• Not “Attractive to Children”: This is a key concern for the state. Products and their packaging cannot use cartoon characters, bright colors, or other features that would appeal to minors.
• Informative: Labels must include the amount of each cannabinoid, the batch number, manufacturer information, and a clear statement of intended use.
• Age Restrictions: Products intended for inhalation cannot be sold to anyone under 21. The DBPR has also been making arrests for the sale of hemp products to minors.

Advertising and Sales:

• Prohibited Marketing: Businesses are prohibited from making unproven health claims about their products or suggesting they can cure, prevent, or treat diseases.
• Sales Locations: Florida law has been updated to prohibit unpermitted sales of hemp extract, including at street fairs or festivals. Event organizers must ensure all vendors are properly permitted.
• Restrictions on Language: Marketing and advertising cannot reference illegal substances or promote marijuana use.
• By purchasing through a Green Genius affiliate link you are assured to get a product that is not only quality, but legal.
• While the products we offer are legal under federal and various state laws, it’s crucial to understand the risks involved. Many hemp-derived products, particularly THCA flower, can look, smell, and feel exactly like marijuana, which remains illegal in many jurisdictions. This similarity can lead to confusion for law enforcement officers, who may not be able to distinguish between legal and illegal products without specialized testing. Because of this, you could face detainment or even be arrested until the products can be properly tested in a lab, a process that can take a significant amount of time and result in legal fees. To mitigate this risk, we highly recommend that you always keep your products in their original packaging, which should be clearly labeled. Carrying a copy of the product’s Certificate of Analysis (COA) is also a good practice, as it provides a lab-verified breakdown of the cannabinoid content, including the legal THC levels. Often these can be found online through the link. It is also wise to refrain from using these products in public places or vehicles to avoid any unnecessary interactions with law enforcement.

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