Hemp Is Legal, But Still Misunderstood

Hemp, CBD and marijuana: What’s the difference? Incidents around the country show that authorities and states are still unclear.

February 12, 2019

PORTLAND, Maine – Industrial Hemp is legal to grow and sell in the U.S. under the 2018 Farm Bill. Analysts estimate the U.S. CBD market hit $591 million in 2018 and could hit $22 billion by 2022 with new federal legislation that makes it distinctly different from marijuana.

But Maine’s Department of Health and Human Services has ordered that stores must remove edibles with CBD from their shelves, saying the hemp-derived product is not a federally approved food additive. This means that CBD products that can be smoked, vaped, worn as a patch or applied as a lotion can stay—as can edible CBD products for medical marijuana patients.

In Oklahoma, authorities seized a truckload of hemp headed to a Colorado processing facility. The 17,000 pounds, valued at $500,000, was tested and confirm to be hemp, not marijuana. But two individuals remain in jail.

Transporting hemp through interstate commerce is a tricky scenario. An Oregon trucker was arrested in Idaho for transporting hemp to Colorado and is now a test case, with both sides citing language in the Farm Bill to state their case as the Colorado company fights for its product back from Idaho.

To learn more about the CBD market and understand the difference between CBD and hemp, check out the NACS CBD Fact Sheet. It explains the nuances and legalities around CBD and will help you understand what is and isn’t legal to sell around CBD products.