What Is CBD?
Jared: Have you tried Hemplucid CBD?
Friend: What is CBD?
Jared: Cannabidiol, or CBD, is a cannabis compound or cannabinoid.
Friend: Cannabis?? You mean marijuana?
Jared: Hmm, no not exactly…Let me see if I can clarify. Cannabis is a type of plant that is bred with either high levels of tetrahydrocannabinol (THC) or low levels of THC.
Friend: Well what is THC?
Jared: THC is simply the cannabis cannabinoid or compound that produces the “stoned” effect in marijuana. It is the primary psychoactive element in the cannabis plant. It is important to realize that Cannabis plants can be bred with low levels of THC, below 1%. These low THC-producing, non-psychoactive plants are classified as Hemp. However, cannabis plants that have a psychoactive effect are bred intentionally with over 1% THC and are considered marijuana. To clarify most marijuana plants have higher than 20% THC levels.
Friend: Let me see if I understand…Cannabis strains can be grown with high levels of THC, which produces the mind-altering effects, and is considered Marijuana. However, strains of cannabis intentionally bred with low levels of THC, below 1%, has no high effect and is called hemp?
Jared: Exactly! This point is often overlooked by lots of people.
It is important to realize that CBD is found in all cannabis plants (hemp and marijuana). CBD from both plants is proving to have huge health benefits. With this in mind, anything that comes from the cannabis plant bred with high levels of THC, marijuana, is illegal.
Is Hemp Illegal?
Friend: So Hemp is not illegal?
Jared: This is where it gets confusing.
Take a deep breath and I will see if I can make this clear as mud.
In the first place, cannabis has been used freely for thousands of years. It has only been recently (in the past 100 years) that people have been restricted from using cannabis and receiving its benefits. As a matter of fact, in the mid-1930’s, cannabis began to be regulated. In due time cannabis was finally criminalized in 1970 by the Controlled Substance Act (CSA). This act was then signed into law by President Richard Nixon (October 27, 1970).
Without delay, the CSA defined any type of cannabis and its cannabinoids as criminal, even for medical use. Hence, cannabis was assigned as a Schedule 1 classification under this act. At this instant, the CSA constituted cannabis as a high potential for abuse that had no medical value. As a result, cannabis was placed alongside dangerous drugs such as heroin, LSD, and peyote.
These regulations were and are enforced by the newly created government agencies of both the Food and Drug Administration (FDA) and the Drug Enforcement Agency (DEA) to demonstrate the disapproval of the government.
Friend: So Hemp is illegal since it is considered cannabis.
Jared: Well, no…
Friend: I don’t understand.
Confusing Cannabis Laws
Jared: Although this may be true in 2014 Congress authorized Agricultural Pilot Programs permitting an institute of higher education or a State Department of Agriculture to study the growth, cultivation, and marketing of hemp, notwithstanding the CSA law of 1970. This opened the door for hemp products to be grown and marketed in the United States with protection from Congress.
Friend: So I don’t understand. Why is there so much debate regarding Hemp CBD?
Jared: Because Hemp CBD sales fall outside the bounds of State Medical Marijuana Programs, CBD sold from hemp is unregulated. There is no testing or quality control. Therefore this is very dangerous to the unknowing public.
Friend: So how do I know what CBD products are good?
Jared: Simple. Do your research. Know where the company is getting their CBD from. Is it from an approved state that is allowed to grow hemp? If not keep looking for a CBD product.
Jared cont: However, it is not good enough that companies claim that their product originates from Hemp approved states. It must also come from a licensed, state-approved hemp farm with an Industrial Hemp Registration certificate. Most hemp companies will proudly display this certificate and it should not take much digging on their site to find it.
Friend: But how do I know that what is on the label is in the bottle?
Jared: Great question. Every product that you buy from a hemp CBD company should provide you with third party verification of what is in the bottle. Again this should be a certificate that is displayed in a prominent location on each product page of their website.
What does CBD do?
Friend: So what does CBD do?
Jared: CBD is amazing I suggest you google the benefits of CBD. There is loads of information out there regarding the benefits of CBD.
If you are interested in trying CBD I would suggest that you try Hemplucid. They are passionate about the benefits of CBD and make sure they provide their customers with the best products.
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STATE STATUTES AND PUBLIC ACTS ON INDUSTRIAL HEMP RESEARCH AND CULTIVATION
Ala. Code § 2-8-380 to 2-8-383 and § 20-2-2 (2016)
- Creates an industrial hemp research program overseen by the Alabama Department of Agriculture and Industries to study hemp.
- The department may coordinate the study with institutions of higher education.
Ark. Stat. Ann. § 2-15-401 et seq. (2017)
- Creates the Arkansas Industrial Hemp Program including a 10-year research program.
- Authorizes the State Plant Board to adopt rules to administer the research program and license growers.
- Requires the State Plant Board to provide an annual report starting Dec. 31, 2018.
- Allows the University of Arkansas’s Division of Agriculture and the Arkansas Economic Development Commission to work with the State Plant Board.
- Establishes a separate program fund, which will include feeds collected and other sources of funding
Cal. Food and Agric. Code §81000 to 81010 (2016)
- Allows for a commercial hemp program overseen by the Industrial Hemp Advisory Board within the California Department of Food and Agriculture.
- Establishes registration for seed breeders.
- This division will not become operative unless authorized under federal law.
Colo. Rev. Stat. § 35-61-101 to 35-61-109 (2016)
- Allows hemp cultivation for commercial and research purposes to be overseen by the Industrial Hemp Committee under the Department of Agriculture.
- Establishes a seed certification program.
- Establishes a grant program for state institutions of higher education to research new hemp seed varieties.
2014 Conn. Acts, P.A. #14-191 (Reg. Sess.)
- Created an industrial hemp feasibility study which reported to the state legislature on Jan. 1, 2015.
Del. Code Ann. tit. 3 § 2800 to 2802 (2016)
- Establishes an industrial hemp research program overseen by the Delaware Department of Agriculture.
- Allows the department to certify institutions of higher education to cultivate hemp for research purposes.
S 1726 (Enacted; Effective June 16, 2017)
- Directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. Commercialization projects may be allowed after two years with certain conditions.
- Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities;
- Requires a university to submit a report within two years of establishing a pilot program.
Hawaii Rev. Stat. § 141A to 141J and § 712 (2016)
- Establishes an industrial hemp pilot program overseen by the Hawaii Department of Agriculture.
- Allows the Board of Agriculture to certify hemp seeds.
Ill. Ann. Stat. ch. 720 § 550/15.2 (2016)
- Creates an industrial hemp pilot program which allows the Illinois Department of Agriculture or state institutions of higher education to grow hemp for research purposes.
- Requires institutions of higher education provide annual reports to the department.
Ind. Code Ann. § 15-15-13-1 to 15-15-13-17 (2016)
- Allows the production and possession of hemp by licensed growers for commercial and research purposes.
- Growers and handlers of hemp seeds must obtain a hemp seed production license.
- Nothing in this section allows anyone to violate federal law.
Ky. Rev. Stat. Ann. § 260.850 to 260.869 (2016)
- Creates an industrial hemp research program and a commercial licensing program to allow hemp cultivation for any legal purpose.
- The commercial growers’ license shall only be allowed subject to the legalization of hemp under federal law.
- Growers are required to use certified seeds and may import or resell certified seeds.
- Mandates the University of Kentucky Agricultural Experiment Station oversee a five-year hemp research program.
- Creates the Industrial Hemp Commission, attached to the Agricultural Experiment Station, to oversee, among other things, the licensing, testing and implementation of regulations and rules related to hemp.
Me. Rev. Stat. Ann. tit. 7 § 2231 (2016)
- Allows hemp growing for commercial purposes.
- Establishes a license for seed distributors.
Md. Agriculture Code Ann. § 14-101 (2016)
- Establishes a license allowing individuals to plant, grow, harvest, possess, process, sell, or buy industrial hemp in Maryland.
- Authorizes the Maryland Department of Agriculture or an institution of higher education to grow hemp for research purposes.
Mich. Comp. Laws § 286.841 to 286.844 (2016)
- Creates an industrial hemp research program allowing the Michigan Department of Agriculture and Rural Development and institutions of higher education to grow hemp for research purposes.
Mass. Gen. Laws. Ann. 128 § 116 to 123 (2017)
- Allows for hemp to be planted, grown, harvested, possessed, bought or sold for research or commercial purposes under the regulation of the Massachusetts Department of Agricultural Resources (MDAR).
- Requires producers and distributors to obtain a license issued by MDAR and for persons utilizing hemp for commercial or research purposes to register with MDAR.
- Directs MDAR and Commissioner of Agriculture to promulgate rules and regulations.
Minn. Stat. § 18K.01 to 18K.09 (2016)
- Establishes a commercial hemp licensing program overseen by the Minnesota commissioner of agriculture.
- Applicants must prove they comply with all federal hemp regulations, meaning that commercial licenses may not be available until federal law changes.
- Allows the commissioner to implement an industrial hemp pilot program. Institutions of higher education may apply to participate in this program.
Mont. Code Ann. § 80-18-101 to 80-18-111 (2016)
- Allows the Montana Department of Agriculture to implement a commercial hemp licensing program.
- Requires commercial growers to use certified seeds.
- Requires a federal controlled substances registration from the DEA for the affirmative defense against marijuana charges to apply.
Neb. Rev. Stat. § 2-5701 (2016)
- Allows a postsecondary institution or the Nebraska Department of Agriculture to grow hemp for research purposes.
Nev. Rev. Stat. § 557.010 to 557.080 (2016)
- Mandates the Nevada Board of Agriculture implement an industrial hemp pilot program.
- Allows institutions of higher education and the Nevada Department of Agriculture to grow hemp for research purposes.
N.H. Rev. Stat. Ann. § 433-C:1 to 433-C:3 (2016)
- Allows institutions of higher education to cultivate hemp for research purposes.
- All research must be coordinated with the New Hampshire Department of Agriculture, Markets, and Food.
- All research projects must conclude within three years of commencement.
N.C. Gen. Stat. § 106-568.50 to 106-568.54 and § 90-87(16) (2016)
- Creates an agricultural hemp pilot program overseen by the North Carolina Industrial Hemp Commission within the North Carolina Department of Agriculture.
- The commission must collaborate with North Carolina State University and North Carolina A&T State University.
N.D. Cent. Code § 4-41-01 to 4-41-03 and § 4-05.1-05 (2016)
- Allows hemp cultivation for commercial or research purposes overseen by the North Dakota agricultural commissioner.
- Growers must use certified seeds. Licensees may import, resell and plant hemp seeds.
- Permits the North Dakota State University-Main Research Center to conduct research on industrial hemp and hemp seeds.
Or. Rev. Stat § 571.300 to § 571.315 (2016)
- Allows individuals registered by the Oregon Department of Agriculture to grow hemp for commercial purposes.
- Growers and handlers who intend to sell or distribute seeds must be licensed as seed producers.
Pa. Cons. Stat. Ann. tit. 3 § 701 to 710 (Purdon 2016)
- Allows institutions of higher education or the Department of Agriculture of the commonwealth to research hemp under an industrial hemp pilot program.
- This chapter shall expire if the secretary of agriculture of the Commonwealth determines a federal agency is authorized to regulate hemp.
R.I. Gen. Laws § 2-26-1 to 2-26-9 (2016)
- Establishes a commercial hemp program overseen by the Department of Business Regulation.
- Allows the Division of Agriculture in the Department of Environmental Management to assist the Department of Business Regulation in regulating hemp.
- Growers must verify they are using certified seeds.
- The department shall authorize institutions of higher education to grow hemp for research purposes.
S.C. Code Ann. § 46-55-10 to 46-55-40 (Law. Co-op 2016)
- Allows hemp growth for commercial and research purposes.
Tenn. Code Ann. § 43-26-101 to 43-26-103 (2016)
- Allows commercial hemp production overseen by the Tennessee Department of Agriculture.
- Directs the commissioner of agriculture to develop licensing rules for processors and distributors.
- Allows institutions of higher education to acquire and study seeds for research and possible certification.
Utah Code Ann. § 4-41-101 to 4-41-103 (2016)
- Allows the Utah Department of Agriculture to grow hemp for research purposes.
- Requires that the department certify institutions of higher education to grow hemp for research purposes.
Vt. Stat Ann. tit. 6 § 561 to 566 (2016)
- Allows for commercial hemp production overseen by the Vermont secretary of agriculture, food, and markets.
- Requires the registration form advise applicants that hemp is still listed and regulated as cannabis under the federal Controlled Substances Act.
Va. Code § 3.2-4112 to 3.2-4120 (2016)
- Authorizes research and commercial hemp programs overseen by the Virginia Board of Agriculture and Consumer Services and the Virginia commissioner of agriculture and human services.
- The commissioner must establish separate licenses for the research program and for commercial growers.
- Nothing in this chapter allows individuals to violate federal laws.
Wash. Rev. Code Ann. § 15.120.005 to 15.120.050 (2016)
- Allows hemp production as part of a research program overseen by the Washington State Department of Agriculture.
- Requires the department establish a seed certification program.
W. Va. Code. § 19-12E-1 to 19-12E-9 (2016)
- Allows hemp production for commercial purposes by growers licensed by the West Virginia Commissioner of Agriculture.
- Growers must use seeds which produce plants containing less than 1 percent THC.
Wis. Stat. §94.55; Wis. Stat. §94.67; Wis. Stat. §97.02; §348.27; Wis. Stat. §961.14; Wis. Stat. §961.32; Wis. Stat. §961.442; Wis. Stat. §961.55; Wis. Stat. §973.01 (effective Dec. 2, 2017)
(Also, see 2017 Act 100 or S.B. 119.)
- Directs the state Department of Agriculture, Trade and Consumer Protection (DATCP) to establish a state industrial hemp program.
- Includes GPS coordinates, fee payment and a criminal history search as requirements for licenses.
- Directs the DATCP to establish and administer a seed certification program or designate another agency or organization to administer the program.
- Requires the DATCP to create a pilot program to study the growth, cultivation, and marketing of industrial hemp.
- Specifies exemptions from prosecution under the state Uniform Controlled Substances Act.
- Amends the definition of an agricultural commodity to include industrial hemp.
Wyo. Stat. § 35-7-2101 to 35-7-2107 (effective July 1, 2017)
- Authorizes the planting, growing, harvesting, possession, processing, or sale of industrial hemp for licensed individuals.
- Provides for licensing requirements and rule-making authority by the state department of agriculture.
- Allows the University of Wyoming and the state department of agriculture to grow industrial hemp for research purposes.
- Provides an affirmative defense for marijuana possession or cultivation of marijuana for licensed industrial hemp growers.