Ultimately, the Farm Bill legalizes hemp, but it doesn’t create a system in which people can grow it as freely as they can grow tomatoes or basil. This will be a highly regulated crop in the United States for both personal and industrial production.
Cannabidiol or CBD is made legal—under specific circumstances
Clearing up misconceptions about marijuana rescheduling: What it means for existing state systems
For a little bit of background, hemp is defined in the legislation as the cannabis plant (yes, the same one that produces marijuana) with one key difference: hemp cannot contain more than 0.3 percent of THC (the compound in the plant most commonly associated with getting a person high). In short, hemp can’t get you high. For decades, federal law did not differentiate hemp from other cannabis plants, all of which were effectively made illegal in 1937 under the Marihuana Tax Act and formally made illegal in 1970 under the Controlled Substances Act—the latter banned cannabis of any kind.
Third, the law outlines actions that are considered violations of federal hemp law (including such activities as cultivating without a license or producing cannabis with more than 0.3 percent THC). The law details possible punishments for such violations, pathways for violators to become compliant, and even which activities qualify as felonies under the law, such as repeated offenses.
The allowed pilot programs to study hemp (often labeled “industrial hemp”) that were approved by both the U.S. Department of Agriculture (USDA) and state departments of agriculture. This allowed small-scale expansion of hemp cultivation for limited purposes. The 2018 Farm Bill is more expansive. It allows hemp cultivation broadly, not simply pilot programs for studying market interest in hemp-derived products. It explicitly allows the transfer of hemp-derived products across state lines for commercial or other purposes. It also puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the law.
FDA relies on applicants and scientific investigators to conduct research. The agency’s role, as laid out in the FD&C Act, is to review data submitted to the FDA in an application for approval to ensure that the drug product meets the statutory standards for approval.
These GRAS conclusions do not affect the FDA’s position on the addition of CBD and THC to food.
Numerous other legal requirements apply to dietary supplement products, including requirements relating to Current Good Manufacturing Practices (CGMPs) and labeling. Information about these requirements, and about FDA requirements across all product areas, can be found on FDA’s website.
21. Does the FDA have concerns about administering a cannabis product to pregnant and lactating women?
The agency has and will continue to monitor the marketplace and take action as needed to protect the public health against companies illegally selling cannabis and cannabis-derived products that can put consumers at risk and that are being marketed for therapeutic uses for which they are not approved. At the same time, FDA recognizes the potential therapeutic opportunities that cannabis or cannabis-derived compounds could offer and acknowledges the significant interest in these possibilities. FDA continues to believe that the drug approval process represents the best way to help ensure that safe and effective new medicines, including any drugs derived from cannabis, are available to patients in need of appropriate medical therapy. The Center for Drug Evaluation and Research (CDER) is committed to supporting the development of new drugs, including cannabis and cannabis-derived drugs, through the investigational new drug (IND) and drug approval process (see Question #16).
Despite growing evidence to support the astounding ways in which the cannabis plant (and the CBD derived from it) interacts with and supports the human body, full legalisation of this particular wonder of nature is not even vaguely on the horizon in the UK. Yet.
All that changed when Dr. Raphael Mechoulam , hailed as the Godfather of CBD, began to uncover some of the inner workings of CBD and THC, partly through one significant study where 8 epilepsy patients were given 300mg of CBD daily for four months. Half of the subjects stopped having seizures completely after the trial and the others noticed a dramatic improvement.
A brief history of cannabis law
But what does a submitting Novel Food Application entail? What does this mean for CBD products?
Selling CBD which has been processed and imported from other countries where cultivation and harvesting is legal is approved. Which is why you’ll find most CBD brands working with farmers in France, Guernsey, Switzerland, Croatia, Portugal, certain states in the US and a few other select places.
And there’s more. But before we dive further into CBD legislation and regulation, let’s take a look at why and how cannabis became illegal in the first place…