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Frequently Asked Questions
Yes, it is federally legal. Hemp flower is defined by the 2018 Farm Bill, and states when it is grown and produced in accordance with the Agricultural Improvement Act 2018 Section 12619, and contain less than 0.3% Delta-9 THC, it is legal. While the products may look like marijuana, they are not. “Industrial Hemp” as defined by Section 12619(b)(2) in the Agricultural Act of 2018, “means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” As such, any “industrial hemp” products are exempt from the Controlled Substances Act (21 U.S.C. 801 et seq.) and are perfectly legal to possess, use, and distribute. Any state law to the contrary is preempted pursuant to the Full Faith and Credit Clause and the Supremacy Clause of the United States Constitution, Article VI, Sections 1 and 2.
All the termanolgy can be quite confusing. Hemp and marijuana are classified biologically as cannabis. However, there are differences between them based off definition of the language. A variety of Cannabis sativa L, hemp is a plant that has a wide variety of purpose that have been used for over 10,000 years. We get fiber from the plant's stems, protein from the seeds, oils from the leaves, and oils from the smokable flowers. Hemp fibers can be used to make items including paper, clothing, textiles, rope — even building materials. The entire plant can essentially be used.
Hemp produces a broad range of cannabinoids, including tetrahydrocannabinol (THC), the intoxicating cannabinoid in marijuana. However, hemp does not produce enough THC to create intoxicating effects. Many countries differentiate hemp from marijuana by the amount of THC produced by the plant. In the US, industrial hemp is defined as Cannabis sativa L. that does not contain more than 0.3% THC.
Marijuana contains THC, which is a cannabinoid that causes a high. Medical cannabis can cause severe impairments depending on amount consumed. CBD and many other cannabinoids are not psychotropic, meaning that it does not cause a high. They can be used while working, driving or undertaking any other physical activities such as exercise and sports.