The Legalities of CBD Hemp Flower

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The Legalities of CBD Hemp Flower

The use of CBD products has surged in recent years. However, as a relatively new product to some, many are still uncertain about CBD hemp flower's legality across state lines. CBD hemp flower comes from the hemp plant and is legal on a federal level in the US. While it is legal federally, states still have their own jurisdiction regarding legalizing the plant. Use this guide to learn everything you need to know about the legalities of CBD hemp flower.

What Is CBD Hemp Flower?

CBD hemp flower is the flower of the CBD hemp plant that is left after the plant has been harvested, dried, and cured. The CBD hemp flower includes the highest concentration of CBD as the bud of the flower holds the most extensive cannabinoid profile. As a result, you get a hemp flower that's non-psychoactive, meaning you won't get a mild-altering high from its consumption like you would from THC products.   

How and Why Is CBD Hemp Flower Used?

Hemp flower can be used in several ways, from smoking and vaping to edibles and oils. The most common and easiest way to use hemp flower is to smoke or vaporize it. Smoking and vaping are the quickest ways to reap the effects of the CBD contents, whereas others may take longer for the compound to reach your bloodstream.   

CBD hemp flower is a highly versatile part of the cannabis plant packed with essential nutrients, including therapeutic cannabidiol, terpenes, fatty acids, minerals, proteins, and many other cannabinoids. Like all other hemp derived CBD products, hemp flower can provide several medicinal benefits such as reduced anxiety, mood regulation, pain relief, and more.

The Confusion About CBD Hemp and Cannabis

There is a great deal of confusion regarding hemp plants and cannabis plants, which has hindered CBD's legality in the past. Even some frequent users may struggle to know the difference as the terms are mistakenly used interchangeably. While both are increasingly becoming more widespread legal substances in the US and produce similar flowering buds, there is a distinct difference between the two.   

Their appearance can help you distinguish between hemp and cannabis plants, as hemp plants grow skinnier and taller than cannabis plants. However, the root difference between the two is that hemp plants produce far more CBD, whereas cannabis plants produce more THC. Therefore, hemp plants are cultivated for CBD, while cannabis plants are grown for THC. This is one of the main reasons for the differing legality between the two, as THC produces the euphoric "head high" feeling that CBD does not.  

Federal Jurisdiction: Is CBD hemp flower legal?

The cultivation, production, and use of the hemp flower and CBD products are legal at the federal level. The 2018 Farm Bill legalized hemp at the national level, removing it from the controlled substance list and listing it as an agricultural commodity instead. Making this change allows farmers to buy crop insurance for hemp, allows hemp to be moved legally across state lines, gives sellers the to receive bank loans and credit services, which were primarily avoided in the past due to the legalities and confusion between hemp and cannabis.   

Even with federal jurisdiction, the Farm Bill leaves legalization up to individual states. Some states have made growing, processing, and using it completely legal, while others have stricter laws.  

Current Compliance  

At the federal level, the hemp flower must contain no more than 0.3 percent delta-9 THC. This is where the grey area within state jurisdiction persists, as many states have different interpretations of this definition. For example, some states have interpreted the definition of hemp to mean that only the delta-9 THC content in hemp would be used in determining compliance with the state and federal statutes. In many cases, state laws can be complicated as they may restrict growing hemp while use and retail are still legal, and vice versa. Some states also require a registration process for hemp use and cultivation.  

Is CBD hemp flower legal in the States?

Defining state legislature can be a challenge. As previously mentioned, some may provide restrictions for growing while others may have rules regarding legal possession. To best describe each state's different expectations, four main classification groups identify hemp flower state legalities. The four groups identify states that hold the least number of restrictions to the most hemp flower restrictions on a scale of friendliest states to states with concern.  

The Friendliest States  

These states have specific laws that allow retailers to sell hemp-derived industrial products. The friendliest states include:  

  • Oklahoma  
  • Illinois  
  • Indiana  
  • Kentucky   
  • Colorado  
  • Alaska  
  • South Carolina  
  • Rhode Island  
  • North Carolina  
  • Oregon  
  • New York  
  • Missouri  
  • Maryland  
  • Wisconsin  
  • Vermont  
  • Utah  
  • Tennessee  
  • Texas  

The Friendly States  

Under these jurisdictions, industrial hemp cultivated in compliant Farm Bill agricultural pilot programs is exempt from being classified as marijuana. These states include:  

  • North Dakota  
  • The District of Columbia  
  • New Mexico  
  • Montana  
  • Kansas  
  • Hawaii  

Gray Area States  

In these jurisdictions, there are explicit prohibitions against the retail sale of industrial hemp-derived CBD products. Still, they have exemptions in the law for the argument that hemp-derived CBD products are legal. These states include:   

  • Arkansas  
  • Delaware  
  • Florida  
  • Georgia  
  • Idaho  
  • Iowa  
  • Louisiana  
  • Maine  
  • Massachusetts  
  • Minnesota  
  • Mississippi  
  • New Hampshire  
  • New Jersey  
  • Pennsylvania  
  • Texas  
  • Virginia  
  • Washington  

States With Concern  

These jurisdictions have no explicit laws against the sale of industrial hemp-derived CBD products. However, law enforcement actions or pronouncements raise the risk of the retail sale of industrial hemp-derived CBD products. These states include:  

  • Alabama  
  • Arizona  
  • California  
  • Connecticut  
  • Michigan  
  • Nebraska  
  • Nevada  
  • Ohio  
  • South Dakota  
  • West Virginia  
  • Wyoming  

Regardless of what classification your state lies under, be sure to research your state legislature to familiarize yourself with the specifics of legality where you reside.  

Understanding the legalities of CBD hemp flower can be a challenge as federal and state restrictions differ. While CBD hemp flower is legal at the federal level thanks to the 2018 Farm Bill and a greater common understanding of the difference between hemp and cannabis plants, some states still have some reserves regarding the growing and use of hemp plants. If you're interested in the benefits of CBD hemp flower, check out Black Tie CBD's CBD hemp flower for sale today.

The Legalities of CBD Hemp Flower
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