What is the Legality of CBD Hemp Flower That All Shops Must Know in Their State?
Hemp flower is easily one of the fastest-growing trends in our community. For those who don’t know, hemp flower, also referred to as CBD flower, is simply the raw flower buds picked from the hemp plant. Most hemp-based products, such as tinctures and vape oils, utilize an extract that is made by running the flower material through an extraction process.
Meanwhile, hemp flower is simply the pure buds of the plant which have not been tampered with in any way, and some believe this makes them more pure and chemically stable, and therefore more effective and cleaner overall.
Hemp flower is most commonly smoked in a pipe or in papers, or even vaporized in a special type of device made for this product. It can also be cooked with, and one could produce their own topicals and tinctures if they were feeling particularly ambitious.
A big advantage of hemp flower is that it comes in a wider array of desirable strains than other CBD products, and we know that the average CBD user is becoming more acquainted with how different cannabinoids and terpenes produce different types of effects.
What Does the Law Say?
Despite its massive popularity these days, it’s understandable that business owners are unsure as to whether or not it’s technically legal. That’s what we would like to provide an overview of the laws about CBD hemp flower throughout the United States, because without a doubt, they are quite complicated from a distance.
Federal Law vs. State Law
Back in 2018, the Farm Bill was passed, which effectively legalized the hemp plant. The law clearly states that hemp products are legal as long as they are tested to show that they have no more than 0.3% THC in their chemical composition. THC, as most know, is the compound in marijuana that gives it psychoactive properties. That’s because marijuana has about 20 to 25% THC in it, while hemp naturally has only about 0.3% naturally.
According to federal law, again, thanks to the Farm Bill, hemp flower is legal. Marijuana, of course, remains federally illegal, but hemp flower cannot get you high, and so legislators have deemed it a substance not worthy of legal penalty.
But, as we know, states have the option to make their own laws regarding hemp. And, since the Farm Bill passed, we’ve seen that some states have been stricter than others. While the large majority of states in the U.S. adhere to federal law regarding hemp, some have gone ahead and banned certain types of hemp and CBD products for their own reasons. For instance, in some states, edibles are illegal, while all other delivery methods are fine.
What about hemp flower then? Well, in fact, some states have made this product illegal. As a business owner, it’s crucial that you know what the laws are regarding hemp flower in your state.
Which States Have Outlawed Hemp Flower?
The states that have completely banned the selling of CBD flower are Alabama, Idaho, Indiana, Mississippi, Utah and South Dakota. The exact penalties and enforcement practices within each state are unique.
In Kansas and Kentucky, hemp flower is only legal if a person has a medical marijuana license. And, in Louisiana, all smokable hemp products are illegal, as are all vaping goods that contain hemp.
The thing is that hemp laws are constantly changing, and so each state’s laws regarding hemp flower, and hemp in general, can change at any time. Therefore, it’s important that business owners, both of brick and mortar stores and online stores, pay attention to state laws regularly to make sure that they are complying. Again, the level of action taken against a business selling hemp flower illegally in his or her home state depends on the state’s unique legislation and enforcement practices.
Selling Hemp Flower in a Brick and Mortar Shop
If you live in a state in which it is legal to sell hemp flower, and you own a brick and mortar shop, you should still check in with your county and municipality, as some smaller governments may have different views on the product than the state itself.
However, states that do allow it, have yet to create a legal limit as to how much can be sold at any given time. Of course, you do need to check the age limits when it comes to selling all CBD products so as not to sell to someone underage, as this can lead to serious consequences.
Selling CBD Flower in the Online Marketplace
Selling hemp flower online is a bit different. If you operate in a state in which hemp flower is illegal, but you sell to states that allow it, you’re in a legal gray area that has yet to be discussed at length by legislators. Your best bet is to contact your municipality and ask them whether or not you can lawfully ship hemp flower out of state, being a licensed business.
Also, if you live in a state in which selling hemp flower is legal, it’s very important that you do not ship your products to states that have outlawed it. This will get you into legal trouble, and simply isn’t worth the risk as some states enforce these laws more strongly and harshly than others. Therefore, as a business owner you should always be checking up on the latest hemp laws throughout the nation, state by state.
Abiding by the Law: What to Know to Protect Your Business
So, what’s the best practice for selling hemp flower, given the somewhat confusing laws about its usage?
- As previously mentioned, being informed is key.
- Always read up on news relating to hemp, as you’ll come across new legislation prohibiting or allowing for hemp flower to be used.
- We urge you to always follow the law under all circumstances, as being caught selling hemp flower illegally can cause you to lose your business. While you may technically be protected by federal law, state legislators have the right to prohibit you from continuing to run your business if caught selling CBD flower illegally.