Hemp, THC & The Farm Bill: What You Need to Know

Hemp, THC & The Farm Bill: What You Need to Know

In recent years, hemp and its derivatives have garnered significant attention, largely due to the passing of the 2018 Farm Bill, a landmark piece of legislation that changed the legal landscape for hemp production in the United States. Along with this change, discussions about THC (tetrahydrocannabinol) and its role in hemp products have also risen. Whether you’re a consumer, business owner, or simply curious about the legal and practical implications, understanding the relationship between hemp, THC, and the Farm Bill is essential.

What Is Hemp?

Hemp is a variety of the Cannabis sativa plant that has been cultivated for thousands of years for its fibers, seeds, and oils. Unlike marijuana, another form of Cannabis sativa, hemp contains very low levels of THC, the psychoactive compound that produces a "high" when consumed. Hemp has a wide range of uses, including in textiles, food products, cosmetics, and industrial materials. It also has a significant role in the booming CBD (cannabidiol) market.

What Does the 2018 Farm Bill Do?

Before the 2018 Farm Bill, hemp was classified as a controlled substance under the federal Controlled Substances Act (CSA), which made its cultivation, distribution, and sale illegal in many areas. The 2018 Farm Bill changed that by:

• Legalizing Hemp: The bill legalized the cultivation of hemp (defined as Cannabis sativa plants containing no more than 0.3% THC by dry weight) on a federal level.
• Regulating Hemp and Hemp-Derived Products: The bill allowed for hemp-derived products, including CBD, to be produced and sold in all 50 states, as long as they contain less than 0.3% THC.
• Establishing Hemp as an Agricultural Commodity: Hemp was officially removed from the list of controlled substances and classified as an agricultural commodity, which opened the door for farmers to grow it for a variety of purposes.

What Is THC?

THC (tetrahydrocannabinol) is the main psychoactive compound found in cannabis. It’s responsible for the "high" people experience when consuming marijuana. However, when it comes to hemp, the amount of THC present is regulated to ensure it remains below 0.3% by dry weight. This ensures that hemp and its products are non-psychoactive, or at least not enough to produce a noticeable high.

Hemp, THC, and CBD: Understanding the Relationship

One of the most significant developments following the 2018 Farm Bill was the explosion of CBD (cannabidiol) products. CBD is a non-psychoactive compound found in both hemp and marijuana, but it’s most commonly derived from hemp because of its low THC content. Since hemp can now be legally cultivated across the U.S., CBD products are widely available, ranging from oils and tinctures to edibles and topicals.

Here’s the breakdown of how hemp, THC, and CBD interact:

• Hemp: The plant itself, containing trace amounts of THC (less than 0.3% by dry weight) and higher amounts of CBD and other beneficial compounds.
• D9THC: The psychoactive compound in cannabis. Hemp must contain less than 0.3% D9THC by dry weight to remain legal under the 2018 Farm Bill. 
• CBD: A non-psychoactive compound in hemp that’s used in wellness and medicinal products. CBD products derived from hemp must contain less than 0.3% THC to be legally sold under federal law.
• THCA: The non psychoactive precursor to D9THC, which must be heated to changed form.

What Does the Farm Bill Mean for THC in Hemp Products?

The 2018 Farm Bill legalized hemp-derived products with THC levels of no more than 0.3%, but there are several important points to consider:

1. Products Must Meet the 0.3% THC Threshold: While hemp-derived products can contain trace amounts of D9THC, they must not exceed the 0.3% D9THC limit by dry weight. This is crucial for ensuring that hemp products remain non-psychoactive and legal for consumption.

2. State Laws May Vary: Though the 2018 Farm Bill legalized hemp and hemp-derived products on the federal level, states still have the power to regulate hemp within their borders. Some states have more restrictive laws, and others may impose additional regulations. For example, certain states may have more stringent rules on the cultivation of hemp or the sale of THC-infused products.

3. THC in Full-Spectrum CBD: Full-spectrum CBD products are made using the entire hemp plant, which includes a range of cannabinoids, terpenes, and other compounds. While these products can have trace amounts of D9THC (below 0.3%), they are typically not potent enough to produce a high. However, people who are particularly sensitive to D9THC or need to avoid it for drug testing reasons should be cautious with full-spectrum products.

4. Delta-8 THC and Legal Gray Areas: A growing concern in the hemp industry involves the rise of Delta-8 THC, a cannabinoid found in small amounts in hemp that can be synthesized into a psychoactive substance, as well as other synthesized compounds such as Delta 10, THCo, and others. Delta-8 THC has a similar structure to Delta-9 THC (the main psychoactive compound in marijuana) but is typically less potent. While the 2018 Farm Bill legalized hemp-derived THC, Delta-8 has caused confusion as some states have banned or regulated its sale. As of now, Delta-8’s legal status is in flux, and it's essential to be aware of your state’s specific regulations regarding this compound.

The Future of Hemp and THC

The passage of the 2018 Farm Bill was just the beginning of the evolving hemp industry. With ongoing research into the therapeutic potential of cannabinoids like CBD and THC, we can expect further developments and regulation in this space. As more states adjust their laws and regulations regarding hemp and THC, consumers will need to stay informed about what’s legal in their area and the products they choose to buy.

What Consumers Should Keep in Mind

• Look for Third-Party Lab Testing: When purchasing hemp-derived products, especially CBD, make sure they come with a Certificate of Analysis (COA) from a third-party lab. This will confirm that the product contains less than 0.3% THC and verify its potency and purity.
• Know Your State Laws: As mentioned earlier, states have the right to regulate hemp and THC differently. Before purchasing or using hemp-derived products, check your state’s laws to ensure they’re compliant.
• Choose Trusted Brands: The hemp industry is still relatively new, and not all products on the market are created equal. Always opt for reputable brands that adhere to transparency, quality control, and regulatory standards.