CBD Legality - Enlita
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CBD Legality

Overview of the Legality of CBD

 

Cannabidiol from Industrial Hemp

 

The products from Enlita Farms are Industrial Hemp, grown legally under registration with the Colorado Department of Agriculture’s Industrial Hemp Program.

 

Cannabidiol oil that comes from industrial hemp plants and it’s derivative CBD, like the products found on our website, are considered by the FDA of the United States to be a dietary supplement (not a medication), since they are made from industrial hemp plants.

 

If you live in the US, this means you don’t need a prescription and can legally purchase and consume Cannabidiol in any state.

 

Cannabidiol from industrial hemp also has the added benefit of having virtually no THC. This is why it’s not possible to get “high” with our products. There simply isn’t enough THC.

 

Is Cannabidiol Legal in My Country?

 

If you live in the US, the legal status is clear. Cannabidiol made from industrial hemp, like ours, is legal to purchase and consume in any state.

 

However, if you obtain Cannabidiol from medical marijuana, you must be located in a state in which medical marijuana has been legalized.

 

Unfortunately, outside of the United States the legal status is more confusing. Since regulations can vary for each country, we recommend that you reach out to your country’s customs department. Ask if you can import dietary supplements from the US. If you are allowed to do this, then you should be able legally to receive our products.

 

Hemp U.S. Federal Legality

  • The 2014 federal farm bill, Agricultural Act of 2014 (P.L. 113-79 §7606) provided that certain research institutions and state departments of agriculture may grow hemp under an agricultural pilot program.

  • The bill further established a statutory definition for industrial hemp as “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetra-hydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.

  • In subsequent omnibus appropriations, Congress has blocked the U.S. Drug Enforcement Administration (DEA) and federal law enforcement authorities from interfering with state agencies, hemp growers, and agricultural research.

  • Appropriators have also blocked the U.S. Department of Agriculture (USDA) from prohibiting the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with the 2014 farm bill provision.

  • Industrial Hemp continues to be considered a Schedule 1 controlled substance under the Controlled Substances Act (CSA, 21 U.S.C. § §801 et seq.) DEA continues to control and regulate hemp.

  • Strictly speaking, the CSA does not make growing hemp illegal, rather, it places strict controls on its production, requiring a DEA permit.

 

Possible Future Hemp U.S. Federal Legality

  • The current and previous U.S. Congress has sought to further distinguish between industrial hemp and marijuana.

  • The Industrial Farming Act would amend the CSA to specify that the term “marijuana” does NOT include industrial hemp, thus excluding hemp from the CSA as a controlled substance subject to DEA regulation.

  • Other introduced legislation would amend the CSA “to exclude cannabidiol and cannabidiol-rich plants from the definition of marijuana” intended to promote the possible medical applications of industrial hemp.

  • In July 2017, legislators in the 115thCongress (January 3, 2017 to January 3, 2019) introduced the Industrial Hemp Farming Act of 2017, a bipartisan bill that seeks to remove hemp from the Controlled Substances Act.

 

U.S. Hemp States

  • Thirty-three (33) states currently have laws to provide for hemp pilot studies and/or for production as described by the Federal Farm Bill stipulations.

  • Alabama, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia & Wyoming

  • Enlita Farms is part of a vertically integrated system, working with partners in Colorado, Florida, Kentucky, Nevada, Oregon & Pennsylvania

  • We currently have a growing network of sales partners in: California, Colorado, Florida, Iowa, Illinois, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Nevada, New York, Oklahoma, Oregon, Pennsylvania, Texas, Washington and Wisconsin

 

State Industrial Hemp Statutes

 

From the National Conference of State Legislatures (NCSL)

http://www.ncsl.org/research/agriculture-and-rural-development/state-industrial-hemp-statutes.aspx

 

Introduction

 

State legislatures have taken action to promote industrial hemp as an agricultural commodity in recent years. A wide range of products, including fibers, textiles, paper, construction and insulation materials, cosmetic products, animal feed, food, and beverages all may use hemp. The plant is estimated to be used in more than 25,000 products spanning nine markets: agriculture, textiles, recycling, automotive, furniture, food/nutrition/beverages, paper, construction materials and personal care.

 

While hemp and marijuana products both come from the cannabis plant, hemp is typically distinguished by its use, physical appearance and lower concentration of tetrahydrocannabinol (THC). Hemp producers often grow the plant for the one or more parts — seeds, flowers and stalk. The plant is cultivated to grow taller, denser and with a single stalk.

 

Federal Action

 

President Obama signed the Agricultural Act of 2014, or the 2014 Farm Bill, which included Section 7606 allowing for universities and state departments of agriculture to begin cultivating industrial hemp for limited purposes. Specifically, the law allows universities and state departments of agriculture to grow or cultivate industrial hemp if:

 

“(1) the industrial hemp is grown or cultivated for purposes of research conducted under an agricultural pilot program or other agricultural or academic research; and

 

 (2) the growing or cultivating of industrial hemp is allowed under the laws of the state in which such institution of higher education or state department of agriculture is located and such research occurs.”

 

The law also requires that the grow sites be certified by and registered with their state.

 

A bipartisan group of U.S. senators introduced the Industrial Hemp Farming Act of 2015 that would allow American farmers to produce and cultivate industrial hemp. The bill would remove hemp from the controlled substances list as long as it contained no more than 0.3 percent THC.

 

The U.S. Department of Agriculture, in consultation with the U.S. Drug Enforcement Agency (DEA) and the U.S. Food and Drug Administration, released a Statement of Principles on Industrial Hemp in the Federal Register on Aug 12, 2016,  on the applicable activities related to hemp in the 2014 Farm Bill.

 

State Action

 

At least 33 states passed legislation related to industrial hemp.  State policymakers have taken action to address various policy issues — the definition of hemp, license of growers, regulation and certification of seeds, state-wide commissions and legal protection of growers. Some states establishing these programs require a change in federal laws or a waiver from the DEA prior to implementation.

 

2017 Legislation Update

 

38 states and Puerto Rico considered legislation related to industrial hemp in 2017. These bills ranged from clarifying existing laws to establishing new licensing requirements and programs.  At least 15 states enacted legislation in 2017 — Arkansas, Colorado, Florida, Hawaii, North Dakota, Nevada, New York, Oregon, South Carolina, Tennessee, Virginia, Washington, West Virginia and Wyoming. Florida and Nevada authorized new research or pilot programs. The governors of Arizona and New Mexico vetoed legislation, which would have established new research programs. 

 

Defining Hemp

 

State statutes, with the exception of West Virginia, define industrial hemp as a variety of cannabis with a THC concentration of not more than 0.3 percent. West Virginia defines hemp as cannabis with a THC concentration of less than 1 percent.

 

Many state definitions for industrial hemp specify that THC concentration is on a dry weight basis and can be measured from any part of the plant. Some states also require the plant to be possessed by a licensed grower for it to be considered under the definition of industrial hemp.

 

Research and Pilot Programs

 

At least 26 states have passed laws creating industrial hemp research or pilot programs. State agencies and institutions of higher education administer these programs in order to study the cultivation, processing, and economics of industrial hemp. Pilot programs may be limited to a certain period of time and may require periodic reporting from participants and state agencies. Some states establish specific regulatory agencies or committees, rules, and goals to oversee the research programs. States may also require coordination between specific colleges or universities and the programs, in other states coordination is optional. From 2015 to 2016, seven states enacted legislation to create hemp research or pilot programs, including Pennsylvania (H.B. 976) and Hawaii (S.B. 2659).

 

While industrial hemp research and pilot programs typically focus on studying the cultivation, processing for certain products and economic impacts of hemp, some states have specific guidelines and intended goals. Here are some examples of unique state research goals:

  • Colorado S.B. 184 (2014) created an Industrial Hemp Grant Research Program for state universities to research and develop hemp strains that are best suited for industrial applications and develop new seed strains.

  • Colorado S.B. 109 (2017) directed commissioner of agriculture to create a group to study the feasibility hemp products’ use in animal feed. 

  • Kentucky’s industrial hemp research program studies the environmental benefit or impact of hemp, the potential use of hemp as an energy source or bio-fuel, and the agronomy research being conducted worldwide relating to hemp.

  • The North Carolina Hemp Commission studies the best practices for soil conservation and restoration in collaboration with two state universities.

 

Licensing, Registration and Permitting

 

To comply with state regulations for commercial and research programs, growers must be licensed, registered or permitted with the state agency overseeing program. Requirements for registration, licenses and permits might include:

  • Criminal background checks.

  • Periodic renewals, usually every one to three years.

  • Registering the location or Global Positioning System (GPS) coordinates of grow sites.

  • Record keeping and reporting any sales or distributions including to whom it was sold or distributed,  including processors.

  • Documentation from the state agency or institution of higher education to prove the grower is participating in an approved program.

 

The state agencies overseeing these programs are typically authorized to conduct inspections, test the plants and review records. State agencies may revoke licenses and impose civil and criminal penalties against growers who violate regulations.

 

Seed Certification and Access

 

Access to viable seed may present a challenge for research programs and commercial growers. To implement commercial and research hemp programs, farmers need access to seeds that are guaranteed to produce plants that fall under the legal definition of hemp. These seeds can be difficult to obtain, however, because  hemp is still regulated under the federal Controlled Substances Act. In response to this problem, Colorado’s governor sent a letter to the U.S. secretary of agriculture in 2014 requesting the federal government address hemp seed regulations.

 

States are taking independent action to regulate industrial hemp seeds. Certified seeds are usually defined as seeds that contain less than 0.3 percent THC or produce hemp plants that contain less than 0.3 percent THC.

 

At least four states have also established specific licenses or certification programs for hemp seed distributors and producers:

  • California requires seed breeders to register with their local county agricultural commissioner.

  • Indiana allows growers who obtain an agricultural hemp seed production license to produce seeds. Licensees may then sell seeds or retain them to propagate future crops.

  • Maine allows the commissioner of agriculture, conservation and forestry to issue licenses to seed distributors if their seeds are from a certified seed source.

  • Oregon requires growers who produce hemp seeds capable of germination to register with the Oregon Department of Agriculture if they intend to sell seeds. Growers who wish to retain seeds do not need to register as a seed producer.

 

Criminal Justice and Legalization

 

State legislation also has removed hemp from the state’s controlled substances list and exempted industrial hemp from the statutory definition of marijuana if it is grown within specific regulations.

 

To protect growers from criminal prosecution some states provide an affirmative defense for cannabis possession and cultivation charges under controlled substances law for licensed individuals. States may require licensees to obtain a controlled substances registration from the DEA for the affirmative defense to apply.

 

For a summary of state laws related to industrial hemp, click on the states in the map below or see the chart for a complete list of state statues. 

 

Note that some states laws establishing commercial industrial hemp programs require a change in federal law or waivers from the U.S. Drug Enforcement Agency before those programs can be implemented by the state.

 

 

State Statutes and Public Acts on Industrial Hemp Research and Cultivation

State

Citation

Summary

Alabama 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.
Arkansas 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
California Cal. Food and Agric. Code §81000 to 81010 (West 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.
Colorado 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.  
Connecticut 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.
Delaware 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.
Florida 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 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.
Illinois Ill. Ann. Stat. ch. 720 § 550/15.2 (Smith-Hurd 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.
Indiana 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.
Kentucky 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.
Maine Me. Rev. Stat. Ann. tit. 7 § 2231 (2016)
  • Allows hemp growing for commercial purposes.
  • Establishes a license for seed distributors.
Maryland 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.
Michigan 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.
Minnesota 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.
Montana 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.
Nebraska Neb. Rev. Stat. § 2-5701 (2016)
  • Allows a post-secondary institution or the Nebraska Department of Agriculture to grow hemp for research purposes.
Nevada 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.
New Hampshire 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.
New Hampshire 2014 N.H. Laws, Chap. 18
  • Established a committee to study the growth and sale of industrial hemp in New Hampshire.
  • The study was required to report their findings by Nov. 1, 2014.
New York N.Y. Agriculture and Markets Law § 505 to 508 (McKinney 2016)
  • Allows the growth of hemp as part of an agricultural pilot program by the Department of Agriculture and Markets and/or an institution of higher education.
  • The commissioner of agriculture and markets may authorize no more than 10 sites for growing hemp as part of a pilot program.
  • The commissioner may develop regulations to authorize the acquisition and possession of industrial hemp seeds.
    • 1 NYCRR 159.2 allows authorized growers to possess, grow and cultivate seeds and hemp plants.
North Carolina 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.
North Dakota 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.
Oregon 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.
Pennsylvania 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.
Rhode Island 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.
South Carolina S.C. Code Ann. § 46-55-10 to 46-55-40 (Law. Co-op 2016)
  • Allows hemp growth for commercial and research purposes.
Tennessee 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 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.
Vermont 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.
Virginia 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.
Washington 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.
West Virginia 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.
Wyoming 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. 

 

 

 

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