Hemp prohibition resulted in the suppression of CBD in the past. With numerous people rallying for hemp legalization, there is now a new opportunity for application. The 2018 Farm Bill was passed into law ending hemp prohibition and making hemp a legal commodity in the US. While this is a significant step in American history and offers incredible opportunities for hemp farmers, there is still legal ambiguity surrounding CBD.
The 2018 Farm Bill and DEA’s Rescheduling of Certain CBD Products
The 2018 Farm Bill did legalize hemp, making it a legal commodity that can be legally cultivated in all 50 states. The 2018 Farm Bill is a crucial step for hemp farming, however, CBD still remains in a legal gray area. Many interpreted that the farm bill meant better access to CBD, but the farm bill has actually made it more difficult for many CBD companies. The recent rescheduling of CBD also hasn’t changed the current legal ambiguity of CBD products. While hemp-derived CBD products with less than 0.3% of THC have been treated as legal with companies able to ship to all 50 states, the DEA still considers CBD as a Schedule I drug. The recent rescheduling only applies to Epidolex, the first FDA-approved CBD formulated drug. For a CBD product to fall in the Schedule V category, it must be hemp-derived, contain less than 0.1% THC, and be FDA approved.
Implications of the Farm Bill and DEA Rescheduling
We’d like to say that the 2018 Farm Bill and DEA rescheduling has positivity impacted the CBD industry, but it is too soon to tell. The FDA has its first meeting scheduled in May for discussing CBD regulations so perhaps this could be a big opportunity for changing the industry.
If you’d like to learn more about the 2018 Farm Bill or the DEA rescheduling, please contact us!