The Hemp Farming Act of 2018l re-classified hemp as an agricultural commodity and made its cultivation federally legal. Further, the act removed some forms of cannabis from Schedule I status by creating a legal distinction between hemp and marijuana. Hemp is cannabis with less than .3% THC, and marijuana refers to cannabis with more than .3% THC. This distinction in federal law effectively legalized CBD that is derived from cannabis with less than .3% THC, as long as it has been cultivated according to federal and state regulations. The 2018 Farm Bill legislation does not mean that CBD derived from hemp is universally legal throughout the United States. According to the Farm Bill, the Food and Drug Administration (FDA) has the power to regulate CBD product labeling, including therapeutic claims and the use of CBD as a food additive.
The 2018 Farm Bill shifted the oversight of hemp and hemp-derived products from the U.S. Department of Justice (DOJ) to the U.S. Food and Drug Administration (FDA). The FDA currently does not presently allow CBD-infused food, drinks, or dietary supplements to be sold, and hasn’t yet provided regulations for hemp-derived CBD products.
Why is CBD sometimes illegal?
Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.
CBD derived from marijuana is only available from one of eight approved cannabis patient centers.
The legal definition of industrial hemp was updated by the Minnesota Legislature in 2019. Hemp is considered any part of the Cannabis sativa L. plant, growing or not, including the plant’s seeds, derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a THC concentration of more than .3% on a dry weight basis.
There were only six growers in the Minnesota hemp pilot program by the end of 2016. An estimated 40 acres of hemp harvested. In 2017, the number of registered pilot participants grew to 38. Before the end of 2018, the number was 51. In 2019, that number surged to 540 growers as hemp farmers planted 8,000 acres of hemp in the open air and 400,000 feet of indoor spaces.
In 2015, the Minnesota Industrial Hemp Development Act (IHDA) became law. It allowed the Minnesota Department of Agriculture to start an Industrial Hemp Pilot Program. Participants of the program required to present reports to the MDA. They had to report: strains planted, distribution, processing, agronomics, and sales of CBD and hemp products. All in order to acquire sufficient data that would be useful to future hemp growers in Minnesota.
The Hemp Farming Act of 2018 became incorporated into the 2018 Farm Bill, which became law in December 2018.
Is CBD Legal in Minnesota Today?
Here’s what you need to know about the legal status of Hemp, Cannabis, and CBD in Minnesota.
The MDA reported that by the end of 2019, three-quarters of hemp grown went explicitly to produce CBD oil. This was all just the preliminary stage. New hemp regulations bumped Minnesota up from the pilot program stage and into the commercial stage of hemp production. Expectations are that hemp cultivation continues to grow exponentially in Minnesota.
Residents in Minnesota can possess an unlimited amount of hemp-derived CBD products. That is unlike medical marijuana patients who can only hold a 30-day supply.
Minnesota law’s treatment of marijuana took after the federal law, which affected cannabis as a whole. With time, Congress made amendments to remove hemp, a variety of cannabis, cannabis from the list of Schedule I drugs. Congress passed a bill to legalize hemp cultivation called the Hemp Farming Act of 2018. It made a legal distinction between hemp and marijuana, defining hemp as cannabis containing not more than 0.3% THC concentration by dry weight.