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Hemp vs Canabis CBD

Hemp vs Canabis CBD

If you’re familiar with CBD and its medicinal benefits, you may be wondering how to get it, or even more so, where it comes from in the first place.

If you have no idea what we mean when we say CBD, check out our starter guide to CBD explaining the basics.

CBD is most commonly found in industrial hemp and cannabis plants. But is there really a difference between the two? It isn’t so much that CBD from hemp is better or worse than CBD from cannabis, but how hemp is grown compared to cannabis makes a big difference.

Hemp vs Cannabis

Traditionally, Hemp is grown on an industrial scale, hence the name industrial hemp. Plants grow closer together, forcing them to grow up instead of out.

In contrast, cannabis is grown more spaced out which allows the leaves and flowers to fan out and gain potency. While hemp is mainly used for its stalks in uses from making paper to clothing, cannabis is bred much differently.

The biggest difference between hemp and cannabis is the THC content. Hemp is grown to have minimal THC. To legally be considered hemp, that amount must be no more than .3%.

Cannabis on the other hand is usually grown to have as much THC as possible in order to provide its maximum psychotropic effects, AKA the “high”.

Hemp Legality

So, a hemp plant with a THC content of .5% would be considered psychotropic cannabis and therefore federally illegal. This is despite the fact that such a low THC content would have little to no effect on the average person.

In fact, industrial hemp was made legal in 2009 by the Industrial Hemp Farming Act. But if you couldn’t guess by the name of the bill, this only applies to industrially grown hemp.

This “legal” hemp was only permitted for use by research facilities or higher education research. So unless the hemp was being grown on an industrial scale for the sole purpose of higher education research, hemp was still illegal.

However in December of 2018 the Agricultural Act of 2018, commonly known as the Farm Bill, was passed by the House, Senate and President Donald Trump. This new farm bill changes the definitions of industrial hemp.

This means that hemp will no longer just be grown for research purposes, but an actual commercial marketplace can be established.

Hemp CBD vs Cannabis CBD

Now that hemp has been legalized, the already blurred lines separating hemp CBD and cannabis CBD from a legality standpoint have become even more blurry. However this is actually good for the consumer.

Hemp traditionally carries more CBD, whereas cannabis carries more THC. Through crossbreeding of low-THC cannabis strains with high-CBD hemp strains, new strains are being created that look, smell and taste like regular cannabis, but have .3% or less.

Soon, hemp flower will look identical to cannabis flower, and more people will start to consume high CBD flower as much as THC flower. Industrial hemp for now will still be grown mostly on large scale for mass production of CBD medications derived from the whole plant. 

The reality is hemp and cannabis are the same plant, they have just been bred in different ways. Now that hemp is legal, the two will start to merge again, and we might even see some new breeds start to appear. It’s an exciting time to look into hemp.

2018 Farm Bill Explained

2018 Farm Bill Explained

The 2018 Farm Bill has passed the House and Senate. After Trump signs, Industrial Hemp will be federally legal.

UPDATE: This article was written just before Trump’s signing. The article has now been updated to reflect the new status of the 2018 Farm Bill.

The 2018 Farm Bill has been signed by Donald Trump and passed into law, making Industrial Hemp federally legal. You might be thinking that it already was legal due to the 2009 Farm Bill, but not in the way you think.

This new bill (legally titled the Agriculture Improvement Act of 2018) differs from the 2014 Farm Bill in a few ways. The biggest difference being the new definition of Industrial Hemp being added.

2014 Farm Bill

Five years ago, the 2014 Farm Bill was passed, which defined Industrial Hemp as, “the plant Cannabis Sativa L., and any part of such plant, whether growing or not, with a delta-9 THC concentration of not more than 0.3% (on a dry weight basis).”

The 2014 bill also distinguished between marijuana and hemp for the first time. The laws enacted by the 2014 Farm Bill allowed for the cultivation of industrial hemp for research purposes, as part of an agricultural program, or as permitted by state law.

Also allowed under the previous bill was the study of the “marketing of Industrial Hemp”. The vagueness of this clause allowed states to set up agricultural pilot programs that also permitted commercial sales of industrial hemp. However, interstate commercial activity is not expressly permitted under the 2014 Farm Bill.

The 2018 Farm Bill changes that too.

2018 Farm Bill

The 2018 Farm Bill drastically alters the current legal landscape governing Industrial Hemp production in the United States.

First, the 2018 Farm Bill defines “hemp”as any part of the plant, “including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not,” with a THC concentration of not more than 0.3% THC on a dry weight basis. The 2018 Farm Bill also amends the CSA (Controlled Substances Act) to exclude “hemp” from the definition of “marihuana.”

The 2018 Bill also creates a specific exemption in the CSA for THC found in hemp. These expanded definitions and corresponding exemptions from the CSA could also apply to imported hemp. Meaning the new bill will allow for the importation and exportation of industrial hemp to and from the United States.

Unfortunately those convicted of a felony involving a controlled substance are barred from participating in any hemp program established under the 2018 Farm Bill. While lawmakers were hopeful that this would be revised in the final version of the bill, it appears that it wasn’t.

Federal Regulation of Industrial Hemp

The 2018 Farm Bill also amends the Agricultural Marketing Act of 1946 (“AMA”) to allow for federally-sanctioned hemp production under the authority of the USDA. This means the USDA is now the sole federal regulatory agency overseeing hemp production in the United States.

However, states will be able to submit their own proposals to the USDA for state-regulated programs. These programs must stay within the confines of the USDA requirements, including:

  • a practice to maintain relevant information regarding land on which hemp is produced in the applicable jurisdiction;
  • a procedure for testing THC concentration levels of hemp produced in the applicable jurisdiction;
  • a procedure for the effective disposal of products produced in violation of the statute;
  • a procedure to comply with the statutory enforcement procedures;
  • a procedure for conducting annual inspections to verify that hemp is not produced in violation of the statute; and
  • other practices or procedures as the Secretary of Agriculture considers to be appropriate and consistent with the statute.

Should a state decide not to submit a plan for its own regulatory procedures, that state can simply apply for licensure directly through the USDA. In states with approved plans, all those participating in the program must adhere to the state laws that are established.

In addition, the 2018 Farm Bill explicitly states that “nothing in this title authorizes interference with the interstate commerce of hemp.” As such, the 2018 Farm Bill will open up clear legal pathways to interstate transport in the United States. 

The 2018 bill also requires the USDA to conduct a study within 120-days of enactment to determine the economic viability of the domestic production and sale of hemp.

With the 2018 Farm Bill now signed and passed into law, it’s a matter of time before the hemp industry explodes. However, the 2014 Farm Bill will remain in effect until a solidified plan is established by the USDA, which will most likely take a year. 

So don’t expect to see hemp products popping up at your local grocery store any time soon.

Farm Bill 2018: The Future of Industrial Hemp

Farm Bill 2018: The Future of Industrial Hemp

The newest classification of cannabis since 1970 may be just around the corner, and it involves industrial hemp.

Congress re-evaluates and votes on a new Farm Bill every five years. Well, we’ve come to the end of another five year window, and the time to vote on new revisions to the Farm Bill has come. While normally this is seen as just another vote, this year’s vote is special.

Included in the revisions of this year’s Farm Bill is the reclassification of industrial hemp.

The Farm Bill

The Agriculture Improvement Act, known more simply as the Farm Bill, is a constantly changing piece of legislature that is voted on every five years. Within this period, lawmakers can add revisions, remove items and vote among themselves before the final revisions are approved.

Normally this isn’t anything too important, as it pertains to other agricultural issues that are most prevalent to farmers across the country. However, this bill is different. A provision has been included in the 2018 Farm Bill to lift the federal ban on industrial hemp.

The industrial hemp revision will be the first action taken on the reclassification of hemp since it was included in the Controlled Substances Act of 1970, in which hemp was labelled a Schedule 1 narcotic, along with cannabis. Even though industrial hemp is classified as cannabis with .03% THC or less, it was still considered Schedule 1.

Industrial Hemp in The US

industrial hemp in the US

40 states have passed their own state-level legislation regarding hemp, with most legalizing industrial hemp for agriculture. Historically, industrial hemp has been grown en masse for its fibrous stalks. It’s hearty qualities make for great textiles, clothing material and more. However new developments in the realm of CBD have bred a necessity for change.

As it stands now, the CBD market is a grey market. Cannabidiol is the non-psychotropic cannabinoid found in cannabis and hemp that produces medicinal effects with little to no psychoactive effects. CBD is found more prevalent in hemp than normal cannabis that is bred for its flowers, and thus a new market has sprouted for hemp-derived CBD products.

However, since there is no federal regulation for this quickly growing industry, consumers are at risk. The use of pesticides, false labeling and other issues have risen in the CBD market. The new Farm Bill will open the door to allow regulation, testing requirements and more to insure a safe product for future consumers.

While it is really exciting to see the government taking the first steps toward legalization of cannabis, nothing is yet set in stone.

The final farm bill must be approved by Congress, and it is likely that last-minute revisions will be made before everything is finalized. But at this point, we can all expect some progressive hemp legislation, regardless of the final results. The end result of this new bill could be a regulated and taxed hemp industry that could open the door for new businesses and more potential stock opportunity in the cannabis industry.

We are all waiting to see the end result of this vote, and The Real Dirt will have the latest updates when the votes are all in. So stay tuned!