As the legalization of cannabis and cannabis-related products continues to make progress, keeping legalities straight can be challenging. The rise of the cannabidiol (CBD) industry has also led to an abundance of misinformation online and in the media, making it harder for the average consumer to find the right answers to their questions. But cannabis, hemp, hemp derivatives, CBD, and marijuana continue to gain popularity, and it is important to fully understand what is legal and what is not. Below, we have put together a comparison between the legalities of marijuana and the legalities of hemp as a thorough examination and differentiation.
Under the Final Interim USDA Hemp Production plan, several rules, requirements, and regulations pave the way for those looking to start a legal hemp farm after approval of their relevant State’s hemp-growth plan. Below, we’ve compiled four fundamentals to growing hemp, including hemp licensing, growing conditions, testing, and record-keeping, to help ensure compliance and facilitate a legal operation.
After learning the licensing requirements in Part I of this Series and the complex rules and regulations on the sampling and testing of hemp in Part II, it is now time to turn our attention to the USDA plan’s matters of compliance, violations, license suspension and revocation, and mandatory recordkeeping.
As a hemp producer, if you violate the USDA plan, it is important not to panic. Instead, focus on remedying this situation by complying with the corrective action plan or other enforcement actions imposed by USDA.
Now that you have read Part I of the USDAHemp Production Plan series on the license requirements for hemp producers, it is critical to understand USDA’s methods and regulations for the sampling and testing of hemp for tetrahydrocannabinol (“THC”) concentration levels. Keep in mind: “tetrahydrocannabinol” and “delta-9 tetrahydrocannabinol” are interchangeable phrases for THC.
Last December, the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, was passed, which removed hemp from the Controlled Substances Act’s (“CSA”) definition of “marihuana.” The Farm Bill allows for the United States Department of Agriculture (“USDA”) to oversee and facilitate the commercial cultivation, processing, and marketing of hemp. As mandated by the Farm Bill, USDA has developed an interim final rule to establish the domestic hemp production program.
Texas hemp lawyer Chelsie Spencer spends some time on Better Living with Nick Carissimi to discuss the CBD and hemp industries, legalities, and more.
“The industry has made leaps and bounds in the past six to seven years, and as far as legality, we’re seeing a changing landscape both at the federal and state levels,” says Chelsie, as she dives into several specific examples of the challenges she has faced and those that lie ahead for hemp and CBD law. With significant experience representing hemp growers, extractors, processors and CBD white labelers across the nation, Chelsie covers a range of critical topics and details for both the average consumer and manufacturer. Listen to the full radio show here.
Texas hemp lawyer Chelsie Spencer was recently interviewed by the Texas Cannabis Collective for its article “What You Need to Know about Hemp Legalization in Texas.” Texas Cannabis Collective is a Texas-based informational and educational media organization focusing on cannabis news in Texas and across the United States. In April of this year, Chelsie was interviewed on Texas’ hemp growth bill, HB 1325, prior to its passage by Texas Cannabis Collective. In the recent interview, Chelsie discusses the impact that HB 1325 will have here in Texas and practical problems she anticipates that may arise as the hemp-growth program begins implementation.
Last night, Governor Abbot signed Texas HB 1325 (or, “Bill”) into law. HB 1325 establishes a hemp growth program here in Texas and governs manufacture and retail sale of hemp and hemp-derivative products. Because the Bill received the required vote threshold, it became effective immediately, making June 10, 2019, a historic date for Texas hemp and a celebratory evening for our hemp lawyers. Below, we provide a brief overview of the Bill’s requirements for a Texas hemp grower’s license.
HB 1325 (or, the “Bill”) began as a great draft of hemp legislation covering Texas hemp regulations. It aimed to establish a hemp growth program here in Texas and to amend some of our state criminal statutes that have led to arrests of individuals for possession of cannabidiol (CBD). Yes, the original draft Bill needed polishing and refinement to further expound on how the program would be implemented, what the regulations would be, and how it would work on a day-to-day basis. However, as the Bill has progressed through both the House and Senate committees, we have seen revisions included that provide unnecessary and onerous regulations for the Texas hemp industry. This over regulation will not benefit Texas and it certainly will not benefit hemp cultivators, processors, manufacturers, retailers, or consumers. Today, we cover some of the largest problems we have noted with the new text.
HB 1325 (or, “Bill”) is still pending in the Texas Legislature. The Bill will allow hemp growth in Texas for licensed hemp growers and will legalize hemp products, including CBD. HB 1325 will have an impact on manufacturers of hemp-derivative products in Texas and on hemp products in Texas. Today, we review what this impact will be and take a closer look at some of the pertinent provisions of the Bill.