December 20, 2018. Breaking News: 2018 Farm Bill signed into law … hemp cbd legal on a Federal basis January 1, 2019.
On December 12, 2018 the Senate and Congress passed the 2018 Farm Bill. Here is the Farm Bill as it pertains to Hemp and CBD.
Review in PDF Format: 20181211-infinity-supercritial-article-review-2018-farm-bill-hemp-cbd
2018 Farm Bill – Agriculture Improvement Act of 2018
1. This summary is concerned with sections regarding Industrial Hemp and the production of CBD.
2. The Secretary of Agriculture is tasked with compiling a report on the various state Industrial Hemp Research Pilot programs and presenting that report within 12 months.
3. The Act defines Hemp as, quote – the plant Cannabis sativa L. and any part of that plant … including derivatives, extracts, cannabinoids … with a [THC] concentration of not more than 0.3 percent on a dry weight basis – unquote.
4. States that desire primary regulatory authority over the production of hemp will be instructed to submit a plan of regulation to the Secretary of Agriculture.
5. States will be required to maintain crop statistics, enforce the 0.3 percent THC threshold, and perform random annual crop inspections to test for THC.
6. The No-Preemption clause in this ACT gives the States and Indian Tribes the ability to create and enforce more stringent laws and regulations than are set forth federally.
7. The Secretary has 60 days to respond to a States plan to operate as the Primary Regulatory Authority.
8. A hemp producer who is determined to be negligently in violation of a state’s hemp production plan will be served with corrective action and will have to report progress on the corrective action and compliance for not less than two years.
9. A hemp producer who, quote – negligently violates a State or Tribal plan … shall not as a result of that violation be subject to any criminal enforcement action by the Federal Government or any State Government – unquote.
10. Negligent producers who violate the regulations three times in a five year period will , quote – be ineligible to produce hemp for a period of five years – unquote.
11. A hemp producer who, quote – violates the State or Tribal plan with a culpable mental state greater than negligence – unquote, will be reported to the Attorney General and be criminally liable.
12. Any person having been convicted of a felony relating to a State or Federally Controlled Substance will be ineligible to produce hemp for ten years following the conviction.
13. If a State or Tribe does not set forth a Hemp Production Plan then hemp production must occur in accordance with Federal regulations.
14. The Secretary of Agriculture will create a set of Federal regulations which will include hemp production licensing which will apply to all jurisdictions not covered by an approved State or Tribal Plan.
15. Hemp products shall not be restricted from interstate transportation and commerce.
16. This act will also allow hemp farmers to insure their crop.
17. Additionally, the act will change the Federal Controlled Substance Act to state that the , quote – term marihuana does not include hemp – unquote.
18. An amendment states that current Industrial Hemp Pilot programs will be repealed one year after publishing final Commercial Hemp Production regulations.
Source: AGRICULTURE IMPROVEMENT ACT OF 2018
Review by: SP