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Legal Status of Hemp-Derived Products: Understanding the 2018 Farm Bill and State Regulations

Federal Legalization under the 2018 Farm Bill

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Hemp-derived products were made legal under the regulations outlined in the 2018 Farm Bill. This significant legislation includes:

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  • Definition of Hemp: Hemp is defined as Cannabis sativa L. with a delta-9 tetrahydrocannabinol (THC) concentration of no more than 0.3% on a dry weight basis.

  • Removal from Controlled Substances Act: Hemp and hemp-derived products were removed from the list of controlled substances, making them legal to produce, distribute, and sell federally.

  • Regulatory Framework: The USDA oversees hemp cultivation and production, requiring states and Native American tribes to submit regulatory plans for approval.

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State Authority and Restrictions:

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States' Rights

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While hemp-derived products are federally legal, individual states and Native American tribes have the authority to impose their own regulations and restrictions. This means:

  • Legal Variability: The legal status of hemp-derived products is not automatically guaranteed in every state.

  • State-Specific Restrictions: States can enforce additional regulations or bans on hemp-derived products, especially concerning specific cannabinoids.

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Common State Restrictions:

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  • Licensing and Permits: Some states require special licenses or permits for the cultivation, processing, and sale of hemp products.

  • Testing and Compliance: States may mandate rigorous testing of hemp products to ensure compliance with the 0.3% THC limit.

  • Cannabinoid-Specific Rules: Certain cannabinoids, like Delta-8 THC, may face stricter regulations or bans in some states.

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Happy Pharms' Compliance:

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As a Hemp Food Establishment Permit holder, Happy Pharms must strictly adhere to state laws regarding hemp-derived products that prohibit the sale or shipment of those products. Furthermore, as Service Disconnected Veteran Owned Business, we surpass our competition by personally and auditing our partners and distributors as well. Our practices include but are not limited to:

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  • Active Monitoring: Our team continuously monitors state restrictions on all of our products to ensure compliance with evolving regulations. We communicate frequently with each entity in our supply chain to ensure that our entire supply line is secure for our customers.

  • Prohibited Sales and Shipments: We do not sell or ship hemp-derived products to states where they are prohibited. More broadly, Happy Pharms is dedicated to providing Veterans with CBD products, To accomplish that we must prove consistent formulas for success over a long period of time. Our priority is providing the highest quality products to our customers and that begins with a solid relationship- a foundation for growth. 

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Staying Informed and Engaged:

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To understand the legal landscape of hemp-derived products in your state, it’s important to:

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  • Contact Your State Representative: Reach out to your state representative for the most current information on local regulations. Ultimately it is the Consumer's responsibility to become familiar with the plant as well as the legalities- but we're here to help! The most important factor to consider when consuming cannabis of any kind including CBD is this: the proper dosage is to be determined by you, the individual. In my experience, the lower and slower the dosage- the better. In fact, the ultimate goal is to not rely on cannabis in the same manner that you might rely on traditional western medicines. This is a challenge for some people considering they really enjoy the products alot. At the end of the day, at Happy Pharms, we want you to achieve the goals that you set out for youself without relying fully on medicine at all. The human conciousness is Amazing and cannabis has help thousands of people achieve their lifestyle goals. Research the endcocannabinoid system ECS for more information.

  • Express Your Voice: As a concerned citizen, your voice is crucial in shaping and preserving the legality of hemp-derived products. Advocate for your right to access these products by expressing your support to your state representative. Or reach out to us TODAY to get involved.

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Curious to find out what’s legal in your state?

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Delta-8 THC Is Legal in 21 States and 1 District With Limited Regulation 

Despite the controversy surrounding delta-8 THC, it remains legal in 22 states and 1 district, with only limited regulation. This covers the following states:

  • Alabama

  • Arizona

  • Arkansas

  • Florida

  • Georgia

  • Illinois

  • Indiana

  • Kentucky

  • Maine

  • Maryland

  • Missouri

  • Nebraska

  • New Jersey

  • New Mexico

  • North Carolina

  • Ohio

  • Oklahoma

  • Pennsylvania 

  • South Carolina 

  • Texas 

  • Washington D.C.

  • Wisconsin​

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Delta-8 THC Is Banned in 18 States and Severely Restricted in 7 More

  • Alaska

  • Colorado

  • Delaware

  • Hawaii

  • Idaho

  • Massachusetts

  • Mississippi

  • Montana

  • Nevada

  • New York 

  • North Dakota

  • Oregon

  • Rhode Island

  • Utah 

  • Vermont

  • Washington

  • West Virginia

  • Wyoming

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By staying informed and proactive, you can help ensure that the benefits of hemp-derived products remain accessible in your area. Thank you for your continued support and understanding as we navigate the complex regulatory environment surrounding hemp-derived products.

Sincerely,

The Happy Pharms Team

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