The 2018 Farm Bill has had a significant impact on the legal status of cannabidiol (CBD), a non-intoxicating compound found in cannabis. While the legislation does not legalize CBD in general, it does remove hemp-derived products from their Schedule I category under the Controlled Substances Act. This means that hemp producers and companies that trade in hemp and hemp-derived products, such as CBD, are now free to pursue their businesses more aggressively and are less concerned that a radical change in enforcement priorities could result in federal authorities investigating or prosecuting them. However, it is important to note that the Farm Bill has no effect on statutory state marijuana programs.
Each of the state-sanctioned cannabis programs remains illegal under federal law, and the Farm Bill does nothing to change that. Even CBD products produced by state cannabis programs for legal, medical, or adult use are illegal products under federal law, both in states and across state lines. Furthermore, if CBD comes from marijuana, which already has more than 0.3 percent THC, it's not under any federal legal protection, even though CBD itself is not intoxicating. Companies involved in the hemp industry must still comply with state and federal regulations on the legalization of hemp, and companies that sell CBD (including foods and beverages) must stay away from aggressive health-related marketing, which may result in unwanted attention from the FDA.
The regulations enforced by the Food and Drug Administration (FDA) present additional legal and non-criminal problems related to the sale of CBD products derived from hemp. It is important for companies to carefully address other health and food regulatory issues involved in overseeing FDA. If CBD or any other cannabinoid comes from a cannabis plant that has more than 0.3 percent THC or wasn't cultivated in the manner prescribed in the Farm Bill, it's still a Schedule I substance in the eyes of federal law and therefore illegal. In conclusion, while the 2018 Farm Bill has had a positive impact on the legal status of hemp-derived products such as CBD, it is important to remember that it does not legalize CBD in general. Companies must still comply with state and federal regulations on the legalization of hemp, and companies that sell CBD must be aware of FDA regulations.
