Hemp Farming Act of 2018
Hemp Farming Act of 2018
The Hemp Farming Act of 2018 is a piece of United States federal law that was signed into law by President Donald Trump on December 20, 2018. The Act was included as a provision in the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill), which is a broader piece of legislation that addresses a wide range of agricultural and food policy issues.
The Hemp Farming Act of 2018 effectively removed hemp from the list of controlled substances, thereby legalizing its cultivation, transport, and sale across state lines. Prior to the passage of this Act, hemp was classified as a Schedule I controlled substance under the Controlled Substances Act, which severely restricted its cultivation and use.
The Act defines hemp as the plant Cannabis sativa and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9-tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. This definition distinguishes hemp from other varieties of Cannabis sativa, notably marijuana, which contain higher concentrations of THC and remain classified as Schedule I controlled substances.
The Hemp Farming Act of 2018 also establishes a shared state-federal regulatory authority over hemp cultivation in the United States. Under the Act, states and Indian tribes have the option to primarily regulate hemp production within their borders by submitting a plan to the United States Department of Agriculture (USDA) for approval. If a state or tribe does not submit a plan, hemp producers in that state or tribal territory will be subject to a federal plan administered by the USDA.
The Act further provides for the research and development of hemp as an agricultural commodity, and for the possible future regulation of hemp-derived products by the Food and Drug Administration (FDA).
The Hemp Farming Act of 2018 has been hailed as a major breakthrough for the American hemp industry, which has seen a significant resurgence in recent years. However, the Act's implementation and the ongoing development of regulatory frameworks for hemp production and use continue to be areas of focus and debate.
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