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Understanding the 2018 Farm Bill

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Legalized Industrial Hemp Production: Understanding the 2018 Farm Bill

8 Questions answered about the legalization of industrial hemp production in the 2018 Farm Bill.

Question 1: Do Agricultural Research Pilot Programs That Conduct Experiments Involving Growing Industrial Hemp Require DEA Permitting?

Answer: No, as long as the hemp in question is grown or cultivated under a license, registration, authorization, or production lease with a state pilot program under (or otherwise compliant with) Section 7606. The 2014 Farm Bill legitimized industrial hemp research only if performed pursuant to section 7606. Therefore, industrial hemp legitimately may be grown or cultivated either pursuant to section 7607 or in connection with a DEA permit.

Although the 2018 Farm Bill removed industrial hemp from the controlled substances list, it also made industrial hemp production unlawful if done without a USDA license issued under a USDA plant or in a state without a USDA approved industrial hemp production plan. Therefore, until plans can be approved and licenses issued under anticipated AMS regulations regulations, growing industrial hemp remains illegal unless done in compliance with section 7606 or with a DEA permit.

Question 2: What Do I Need To Do Now If I Want To Legally Conduct An Experiment That Involves Growing Industrial Hemp?

Answer: First, the experiment must still be conducted in a state that has legalized industrial hemp research. Second, the researcher must either be an institution of higher education or state department of agriculture, or grow the industrial hemp under the auspices of a state agricultural pilot program.

Question 3: If I Apply For A USDA Funded Research Grant For An Industrail Hemp Experiment, Will USDA Be Permitted To Fund My Proposal?

Answer: Yes, provided the criteria in Question 2 above are met. Depending on the funding agency, applicants likely will need to certify compliance with the relevant State program and agree to certain terms and conditions as set by the agency. USDA NIFA presently is funding research projects through both our competitive and capacity grant programs. Industrial hemp otherwise is handles as any other agricultural commodity. NIFA is presently funding industrial hemp competitive research projects.

Question 4: Can Universities Who Receive Capacity Funding From NIFA Utilize These Dollars To Support Industrial Hemp Research?

Answer: Yes. Entities eligible to receive capacity funding from NIFA Would not lose their eligibility merely because their research involves growing or cultivating industrial hemp, as long as that research is conducted under a license, registrational authorization, or production lease with a state pilot program under Section 7606, or otherwise represents legal activity within the state. Universities who receive these capacity funds may choose to devote a portion of them to industrial hemp research, consistent with other statutes and regulations governing those funds. NIFA is presently funding industrial hemp capacity research projects.

Question 5: How Can I Find Out What Types Of Industrial Hemp Activities Are Legal In My State?

Answer: Consult your organization’s legal counsel and the state agency responsible for the industrial hemp pilot research program in your sate. While organization like the National Conference of State Legislatures maintain websites that summarize State Industrial Hemp Statutes across the country, these websites should not be used to provide advice or assistance to private citizens or organization regarding industrial hemp laws or other related matters. Please consult your organization’s legal counsel, the USDA can not provide you advice regarding your state’s specific policies.

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Question 6: May Producers Grow Hemp Under This Program For Production Of Food And Pharmaceutical Products?

Answer: Section 7606 does not affect the requirements that already exist for the production of food and pharmaceutical products under the Federal Food, Drug, and Cosmetic Act, such as the approval process for new drug applications. Under the 2018 Farm Bill, the circumstances under which industrial hemp may be grown for food and pharmaceutical products remains a question for the FDA, because the hemp production provisions of the 2018 Farm Bill expressly did not affect FDA authorities and regulations.

Question 7: My State Has Passed Laws That Allow The Commercial Production Of Industrial Hemp And The Cultivation Of Marijuana. As An Institution Of Higher Education, What Sort Of Research Can I Do?

Answer: You should consult your university’s counsel regarding interpretation of your state laws in regards to research with marijuana. In regards to federal law, institutions of higher education (or state departments of agriculture) can conduct research on industrial hemp as defined by current law under Section 7606 of the 2018 Farm Bill. The term “industrial hemp” includes the plant Cannabis sativa and any part or derivative of the plant including seeds, whether or not it is used exclusively of industrial purposes (fiber and seed). The tetrahydrocannabinols (THC) concentration is the distinguishing factor between industrial hemp and marijuana. Industrial hemp can not have a THC concentration of more than 0.3% on a dry weight bases. The term “THC” includes all isomers, acids, salts, and salts of isomer of tetrahydrocannabinols.

Question 8: If The Laws Of My State Permit Research With Marijuana, Can NIFA Funds Support That Activity?

Answer: No. Any activity supported by NIFA funds must comply with federal law. Even though you are complying with your state law, you are not in compliance with federal law, so NIFA funds can’t be used for research with marijuana. That research activity with marijuana could subject parties to criminal liability under the federal Controlled Substances Act.

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