Cannabis FAQs

Hemp, Cannabis, CBD, and the 2018 Farm Bill

This FAQ section provides detailed answers to common questions about hemp, cannabis, CBD, THC-9, THC-8, and the impact of the 2018 Farm Bill. Designed to educate those unfamiliar with the legislation, this resource covers everything from legal definitions to industry implications.

 

General Questions About the 2018 Farm Bill and Hemp Legalization

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1. What is the 2018 Farm Bill, and how does it affect hemp?
The 2018 Farm Bill, formally known as the Agriculture Improvement Act of 2018, legalized the cultivation, production, and commercialization of industrial hemp in the United States. Hemp is now classified as a cannabis plant with less than 0.3% Delta-9 THC (the psychoactive compound in cannabis). This legislation removed hemp from the federal Controlled Substances Act, distinguishing it from marijuana, which remains federally illegal.

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Hemp vs. Cannabis vs. Marijuana

2. What is the difference between hemp and marijuana?
Hemp and marijuana are both varieties of the cannabis plant but differ in THC content:

• Hemp: Contains less than 0.3% Delta-9 THC and is non-intoxicating.

• Marijuana: Contains more than 0.3% Delta-9 THC, making it psychoactive and federally classified as a Schedule I controlled substance.

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3. Is cannabis completely legalized under the Farm Bill?
No. The Farm Bill only legalized industrial hemp. Marijuana, a form of cannabis with higher THC levels, remains federally illegal. States have varying laws on marijuana use.

 

THC-9 vs. THC-8

4. What is Delta-9 THC?
Delta-9 THC (tetrahydrocannabinol) is the primary psychoactive compound in cannabis. It is responsible for the "high" associated with marijuana use. Under the Farm Bill, hemp can contain up to 0.3% Delta-9 THC on a dry weight basis.

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5. What is Delta-8 THC, and how is it different from Delta-9 THC?
Delta-8 THC is a less potent psychoactive compound found in cannabis plants. While Delta-8 occurs naturally in small amounts, most Delta-8 products are derived from hemp through chemical conversion processes, typically from CBD. Key differences include:

• Psychoactivity: Delta-8 is milder than Delta-9, producing less intense effects.

• Legal Status: Delta-8 occupies a legal gray area because it is derived from hemp. Some states have banned Delta-8 products.

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6. Are Delta-8 products legal?
The legality of Delta-8 THC varies by state. Federally, the 2018 Farm Bill legalized hemp derivatives, which some interpret to include Delta-8 THC. However, the DEA considers synthetic cannabinoids (like chemically converted Delta-8) illegal, creating regulatory confusion.

CBD (Cannabidiol)

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7. What is CBD, and where does it come from?
CBD (cannabidiol) is a non-psychoactive compound found in cannabis plants, including hemp and marijuana. Most CBD products are derived from hemp due to its low THC content, making it federally legal under the Farm Bill.

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8. Does CBD get you high?
No. CBD is non-intoxicating and does not produce a "high." It is often used for its potential therapeutic benefits, such as reducing anxiety, pain, and inflammation.

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9. Are CBD products legal?
CBD derived from hemp is federally legal, provided the hemp contains less than 0.3% Delta-9 THC. However, the FDA has not fully approved CBD for use in food, dietary supplements, or therapeutic products, leading to regulatory uncertainty.

 

Consumable Hemp Products

10. What types of hemp-derived products are available?
The Farm Bill sparked the creation of various hemp products, including:

• Consumables: CBD oils, gummies, capsules, tinctures, and beverages.

• Topicals: Creams, balms, and lotions infused with CBD.

• Industrial Products: Paper, textiles, building materials, and bioplastics.

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11. Can hemp-derived CBD be used in food or beverages?
While hemp-derived CBD is legal, the FDA has not approved its use in food and beverages. Despite this, many companies sell CBD-infused consumables, relying on state-specific regulations.

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12. What is the difference between full-spectrum CBD, broad-spectrum CBD, and CBD isolate?

• Full-spectrum CBD: Contains all cannabinoids (including trace THC), terpenes, and other compounds found in hemp, creating the "entourage effect."

• Broad-spectrum CBD: Includes all cannabinoids and terpenes except THC.

• CBD isolate: Pure CBD with no other cannabinoids or terpenes.

 

Hemp Regulation and Compliance

13. What are the requirements for hemp cultivation under the Farm Bill?
Farmers must:

• Obtain a license from their state or the USDA.

• Grow hemp that contains less than 0.3% Delta-9 THC.

• Submit crops to THC testing and comply with federal and state regulations.

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14. Can states regulate hemp differently from federal law?
Yes. States can establish their own regulatory frameworks for hemp, but these must be approved by the USDA. Some states impose stricter THC limits or additional licensing requirements.

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15. Can hemp be transported across state lines?
Yes. The Farm Bill explicitly protects the interstate transport of hemp and hemp products, even through states where hemp is restricted.

 

Industry Impacts and Challenges

16. How has the 2018 Farm Bill impacted farmers?
The Farm Bill created new opportunities for farmers by legalizing hemp as a cash crop. However, challenges include:

• Oversupply and market saturation.

• Regulatory confusion and inconsistent enforcement.

• Strict compliance and testing requirements.

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17. What role does the FDA play in hemp and CBD regulation?
The FDA oversees the marketing and sale of hemp-derived consumables. While CBD is legal, the FDA has not approved it for inclusion in food or dietary supplements, citing the need for more research on its safety and efficacy.

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18. What is the "entourage effect"?
The "entourage effect" refers to the synergistic interaction of cannabinoids, terpenes, and other compounds in hemp and cannabis. Full-spectrum CBD products aim to maximize this effect by including all naturally occurring compounds in hemp.

 

19. Can I grow hemp at home?
Hemp cultivation is highly regulated. Farmers must obtain state or federal licenses, and growing hemp at home without proper authorization is prohibited in most states.

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20. What is "smokable hemp"?
Smokable hemp refers to dried hemp flowers that can be used like marijuana but without the intoxicating effects. Its legality varies by state, with some banning smokable hemp to prevent confusion with marijuana.

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21. What is the future of hemp legalization?
The hemp industry continues to evolve, with ongoing discussions about loosening restrictions on THC levels, FDA approval for CBD in consumables, and expanding markets for industrial hemp products.