Jon
I am a farmer in Nebraska I think in the next two years HEMP will be legal in Nebr. My concern is will have an outlet for the crop.
I need to find out more about growing, cutting, and harvesting the crop.
Any direction you can send me would be appreciated
thanks
Bob
Hi Bob and thank you for your email. I think it will be legal in all 50 states with the passing of the '18 Farm Bill. I too farm with my family about 7k acres of rice, corn, wheat and soybeans. I live in Arkansas where we are poised to be our 5th wettest year on record which has been hard on all row crop farmers. That being said, farmers are looking for a new opportunity however you and I both know if you donāt have a place to sell it, why grow it?
We should have this conversation on a phone call. I can help connect the dots for you.
My cell is 870-718-9221 and my work email is jon@americancannabisconsulting.com
I look forward to speaking with you and Happy New Year.
JW
I saw the FDA announcement as well ā talk about adding to the ongoing confusion. My first knee-jerk reaction was to assume FDA was overreaching its authority. After all, the farm bill aimed to legalize hemp and all of its derivatives. But, upon re-reading the legislative text, I realize it may not be an overreach at all.
The FDA notice shed light on a number of flaws in the legislation, which CBD producers will need to continue working around: 1. hemp is now legal to grow but hemp-derived CBD remains a Schedule 1 controlled substance under CSA; 2. as such CBD producers wonāt be able to transport CBD product outside of the state where itās produced; 3. FDA has jurisdiction over hemp food and supplements but, rather than treating CBD like any other legal supplement like Vitamin C, it is treating hemp CBD as an illicit drug, which it is technically ever since the DEA assigned it a numerical designation to distinguish it from āMarihuanaā in Schedule 1 two years ago.
Prior to that, CBD derived from imported hemp was legal to buy and sell everywhere in the U.S. under the 2004 9th Circuit Appellate Court Rule (HIA v DEA). Bob Hoban, who represented HIA in that case, explains it well in this interview.
In February 2017, right after the DEA gave CBD its Schedule 1 designation (Federal Registry, Dec 2016), HIA contested it with the 9th Circuit and lost. In April this year, the finally court upheld the DEAās authority to schedule CBD. The FDA put regulation states on notice, which caused a cascade of bans on CBD edibles. For example, California DPH banned CBD infused food (but not THC edibles, ironically) because, unlike THC/marijuana named in the CA law, CBD is a Schedule 1 controlled substance not legalized per the California adult use law.
These events werenāt well publicized so thereās still a lot of confusion ā and few producers seem to know or care whether CBD (hemp derived or otherwise) is legal or not, evidenced by the fact that the CBD industry continues to thrive, business as usual. The 2018 Agricultural Act intended to fix that. (Congressman James Comer, who sponsored and co-authored the hemp provisions, talks about that in this interview.)
Although the legislators were careful to include all hemp biomass, extracts and derivatives in the definition of āhempā in Section 7605 ("ā¦term āhempā means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis."), they failed to explicitly exempt CBD in Section 12,609 of the bill, which removes hemp from Schedule 1 by excluding it from the definition of āMarihuanaā as described in the CSA. That provision also explicitly exempts THC (all tetrahydrocannabinols naturally occurring in hemp at <.3%) from Schedule 1 but failed to mention anything about cannabinoids like cannabidiol - CBD.
The flaws could easily be fixed with an amendment. But, for the time being it appears FDA will police hemp CBD because it is still a federally-illegal controlled substance.
As for FDA approval of CBD when makers claim curative benefits, even legal substances like Vitamin C require approval if used in a nutritional supplement that makes health claims. Word to the wise, product companies should always refrain from making any claims ā leave that up to us, the journalistsā¦ Itās within our 1st Amendment right to tout the medical benefits of cannabis all day long!
If anyone has any firsthand updates or more information about this, Iād love to hear about it.
I think the basic problem is a report from JAMA, NY times option piece.
From the voices in my head
Ethan.
Snowden,
Good article and spot on. Now if CBD people would only read it.
AT 420 Friendly Insurance, we totally agree that Hemp based CBD is still federally illegal and can not be transported across state lines. This activity is still federally illegal. If you are in CBD product sales and your web site says that you will ship CBD product to all 50 states and you donāt have a production facility in the state that you are shipping to, then what you are doing could be (IS) both State and Federally illegal.
When I discussed this activity recently with a highly regarded cannabis attorney, he said and I quoteā¦ " Hemp based CBD product sales to other States is like jaywalking. We all know that it is illegal, but since there is little or no law enforcement action taken, we are all just doing it".
Therefore, Hemp base CDB products are still a problem for the insurance industry. Because insurers do not want to insure what is classified as an illegal activity, this will stay a problem until the classification is changed.
Hope this helpsā¦
Larry Harb
420- Friendly Insurance
Does anyone know if Washington State may be allowing any licenses for Hemp Cultivation now that the farm bill passed?
I believe the DEA has confirmed that CBD will continue to be a scheduled and controlled substance. That deflates some of the joy of the Farm Bill. Here in Canada our federal government will deregulate CBD so itā'l be as common as health food product or cosmetics. Basically CBD products will be at your corner store. I canāt wait - Iām banking on it.
Itās time for some of you professionals to come homeā¦ to Canada.
No the FDA said they would control CBD. DEA has no role in it once the FDA takes over. Clear case law. The DEA can size a product on FDA, false advertising guide lines. The FDA said it would only statutory regulate that the labeling be true.
I would love to live in Vancouver. Ah I wish. That much money I donāt have to invest in Canada. The best I can do from a tax basis is Washington State. Bellingham.
From the voices in my head
Ethan.
Thanks for your insight Ethan. It was this article that got me a little confused.
Raymond.
Raymond,
I had to ask a friend at the FDA. He on furlough, I called him at home. We went to high school together. He stole my date.
From the voices in my head Ethan
I read that article too, it looks like they just legalized it for big Pharma to0 make money while turning their noses up at all of us long haired hippies( Ive got short hair and not a hippy).
@Jessica_STMcanna Here is a link to the legislation by states> I hope you find it helpful. click here
Here is an interesting excerpt from the FDA press announcements : āAdditionally, itās unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived. This is because both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements. Under the FD&C Act, itās illegal to introduce drug ingredients like these into the food supply, or to market them as dietary supplements. This is a requirement that we apply across the board to food products that contain substances that are active ingredients in any drug.ā
Thank you @ethan for providing the link.
Thanks for sharing those links, @cannabisbuyer
The last couple paragraphs of the F. Bill give micro-organisms a leg up in awareness to the ag industry. the Gov endorses getting away /stopping use of petro-/synthetic chemicals in general ag. Canna-growers are already using it to test their finished products.
