Update DECEMBER 20, 2018: The Farm Bill became law this afternoon and hemp is legal in the United States again!
Update DECEMBER 12, 2018: The 2018 Farm Bill just passed the U.S. House of Representatives after passing the Senate, including the landmark amendment that will fully legalize industrial hemp at the federal level! The amendment fully removes hemp and derivatives of it from the control of the Drug Enforcement Administration, and opens up massive possibilities for the hemp industry, American agriculture, and health and science to name a few. There was even a partial compromise on the most troubling part of the law, which restricted people with felony convictions from being part of the industry.
Pres. Trump is expected to sign the omnibus bill into law before the year ends, though the timeline is unclear at this time. We’ll have more updates soon!
Update JULY 11, 2018: The current language of the hemp amendment also bans people with felony drug convictions from participating in the hemp industry.
An amendment to the Senate version of the 2018 Farm Bill would fully legalize industrial hemp in the United States.
“This is a big day for hemp,” said Brian Furnish, a hemp grower from Kentucky and president of the U.S. Hemp Roundtable.
The amendment legalizing hemp began as a bill proposed by Mitch McConnell, the Republican majority leader in the Senate. The “Hemp Farming Act of 2018” fully legalizes industrial hemp and all products made from it including CBD oil. Under the new law, the Drug Enforcement Administration and other government agencies would no longer be able to interfere with hemp.
Due to political uncertainty over other parts of the massive Farm Bill, and the lack of hemp related language in the House version of the bill, there are still hurdles ahead before legalization.
2014 vs. 2018: NEW FARM BILL BUILDS ON PARTIAL LEGALIZATION
The United States made industrial hemp illegal for decades until an amendment to the 2014 version of the Farm Bill allowed growing by state-run hemp research programs.
These state-based programs vary, with some allowing only university research and others allowing a limited number of everyday farmers. The U.S. grew about 25,000 acres of hemp under these state programs, mostly in more permissive states like Colorado and Kentucky. However, CBD vendors have faced some legal threats at both the state and federal level. Other government agencies, like the Bureau of Reclamation, have also interfered with growers at times.
HOW THE 2018 FARM BILL WOULD LEGALIZE HEMP
McConnell’s amendment to the 2018 Farm Bill would officially remove hemp from the DEA’s list of controlled substances, ending debate over the legal status of the plant.
All products made from hemp, including CBD oil, would be explicitly legalized as well, so long as they contain less than .3 percent THC (the substance which makes people “feel high” in psychoactive cannabis). State agriculture departments, along with Native American tribes, would be free to regulate hemp just as they do any other crop like corn or carrots.
BIPARTISAN SUPPORT FOR HEMP BUT CONFLICT OVER 2018 FARM BILL
In a historic moment for hemp legalization, the Senate passed the 2018 Farm Bill with the hemp amendment included. Members of both parties support hemp in an unusual display of bipartisan agreement. However, since the House version of the Farm Bill does not include the same amendment, hemp’s future is still up in the air.
Before it can appear before the president for his signature, the House and Senate must form a “Conference Committee” to iron out differences between the two versions of the 2018 Farm Bill. Conferees, appointed from both parties, will meet to debate the final version. Hemp advocates hope that, with McConnell’s enthusiastic support, conferees are likely to back hemp.
Still, “there’s always political conflict in Washington,” Furnish warned.
A disagreement over Food Stamps is one possible source of conflict. The House version of the bill includes controversial changes that would reduce the number of people eligible for the program. Disagreement over provisions like these could also put hemp legalization at risk.
Though the hemp industry overall enthusiastically supports the hemp amendment, there are a few dissenting voices. Veronica Carpio, of Grow Hemp Colorado, objects to hemp-only legalization bills which allows some growers to profit off the cannabis plant while growers and users of psychoactive cannabis remain in prison.
“No one goes to prison for hemp charges, but people go to prison and lives are still ruined over marijuana,” she told us, echoing comments she made around a previous, failed hemp legalization bill.
HEMP LEGALIZATION IS CLOSER THAN EVER TO REALITY
The 2018 farm bill is an omnibus piece of legislation which ensures continued funding for numerous agricultural and social programs. Pres. Donald Trump is almost certain to sign it when it finally reaches his desk.
While it’s still possible hemp could become legal through other methods, such as a stand-alone bill, Furnish hopes hemp supporters will speak up in favor of the plant.
“Contact your representatives and tell them to support McConnell’s hemp language,” he said.
One easy way to do so is to complete this form on the U.S. Hemp Roundtable website.