The 2018 Farm Bill does not, by itself, change state hemp or hemp-derived cannabidiol (CBD) legality. Although the Senate version would have legalized hemp nationwide, the final Farm Bill leaves the responsibility to legalize hemp to the states.
The legality of CBD under state law is often overlooked, and arguably much more important than federal legality in terms of potential legal consequences for both businesses and consumers. Contrary to popular opinion, CBD is not legal in all 50 states, even if it is sourced from hemp. This is because all states have their own Controlled Substances Acts (CSA) which generally mirror the federal CSA. Until an unrestricted hemp definition is exempted from a state’s CSA, hemp is still considered marijuana in that state. Louisiana Gov. John Bel Edwards (D) signed a bill into law on June 17th, 2020, containing regulations for the state’s industrial hemp and CBD industry. The bill, ACT 344/HB 843, includes language that bans all smokeable hemp products except for rolling papers.
A lot of states are getting sued due to their smokable hemp ban which is putting legalities in limbo. Louisiana is trying to get a law in place where hemp retailers need to register for tobacco and alcohol sales before they are allowed to perform any retail of hemp in the state.
faruk replied
244 weeks ago