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What does the 2018 Farm Bill mean for the status of CBD?

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The following article is a good summation and overview of the recently passed 2018 U.S. Farm Bill, that addressed the legality of CBD. It is from the CPA firm Bridge West. Bridge West focuses solely on the cannabis industry and provides accounting and tax services to companies in the cannabis space. We thank them for this overview and fully attribute the content to them. The notes throughout and at the end of this overview summary are from us, Smart Hemp CBD

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President Trump recently signed the 2018 Farm Bill into law. This is not an ordinary farm bill, as the most interesting changes involve the cannabis plant and cannabis is not usually part of the discussion concerning farm subsidies, nutritional assistance, and crop insurance. However, Senate Majority Leader Mitch McConnell’s strong support for and guidance on hemp has sparked much discussion and interest.

Hemp is defined in the legislation as the cannabis plant with only one factor distinguishing it from marijuana: hemp cannot contain more than 0.3 percent of THC. For decades, federal law has not differentiated hemp from other cannabis plants, all of which were formally made illegal in 1970 under the Controlled Substances Act.  (Smart Hemp CBD note: This is significant since the hemp plant (which is part of the Cannabis Sativa L genus) is known for its low levels of THC as compared to the marijuana plant known for its high levels of THC.)

While it’s accurate to suggest that hemp policy in the United States has been significantly altered by this new legislation, many misconceptions remain about what, exactly, this policy change accomplishes.

One misconception regarding the Farm Bill is that cannabidiol (CBD) is now fully legalized. While section 12619 of the Farm Bill removed hemp and hemp derived products from Schedule I of the Controlled Substances Act, the legislation does not legalize CBD generally. In general, CBD remains a Schedule I substance under federal law. The Farm Bill creates an exception to this Schedule I status under a specific set of circumstances. The Farm Bill guarantees that any cannabinoid that is derived from hemp will be legal, if and only if: that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, state regulations, and by a licensed cultivator. All other cannabinoids, produced in any other setting, remain a Schedule I substance under federal law.  (Smart Hemp CBD note: Our products are derived from legal hemp and thus, customers can be sure the CBD they purchase for their pets does not violate any law)

While the Farm Bill legalizes hemp, it doesn’t create a system wherein people can grow it as freely as kale or tomatoes. Hemp will remain a highly-regulated crop in the United States for the foreseeable future.

The 2018 Farm Bill is more extensive than the 2014 Farm Bill. The language surrounding hemp cultivation is (now) broad and far-reaching, not limiting farmers to pilot programs intended to study market interest in hemp-derived products. It clearly allows the transfer of hemp products across state lines. It also puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the provisions of the new law. There will be significant, shared state/federal regulatory power over hemp cultivation and production.

The 2018 Farm Bill treats hemp like other agricultural commodities in many ways. While many provisions of the law heavily regulate hemp, it also attempts to make hemp a mainstream crop. Several provisions of the bill include changes to existing provisions of agricultural law to include hemp. For example, the bill affords hemp farmers protections under the Federal Crop Insurance Act.

Smart Hemp CBD note:  CBD has been generally claimed to be legal for some time – because it has less than .3% THC (the compound in Marijuana that makes people high).  At levels at or below .3%, there is no psychoactive impact on people.  For pets, we make sure there ZERO THC in our products – so there’s no possible psychological impact.  We are proud to note we have vetted our suppliers to make sure they are providing the highest quality, most consistent CBD from hemp possible.  When you purchase a Smart Hemp CBD product, you want to be sure of its purity and consistency from batch-to-batch.  So when you order today, it’s the same quality you’ll order next time.  The CBD used in our products comes from fully legal hemp.  Our suppliers are able to track the final product formulated for us back to the seeds and plot of land in which the hemp was grown. Not all CBD providers can do this. The product that is formulated for us has some of the highest “bioavailability” as well – meaning it’s more effective and your pet is getting the amount of CBD that’s noted on the label.  The Farm Bill was significant for U.S. marketers such as Smart Hemp CBD.  It opens the door to even more products – and we’re focused on products for your pets.

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