Industrial Hemp Legalized with Passage of 2018 Farm Bill

The Agricultural Improvement Act of 2018 (a/k/a the “Farm Bill”) was signed into law on Dec. 20, 2018. The Farm Bill revises the Controlled Substances Act to define two types of cannabis: marijuana and hemp. Marijuana remains a controlled substance, but hemp (and its derivatives, including cannabidiol (CBD)), is now legal.

The regulation of hemp and its derivative products will remain under the jurisdiction of the federal Food and Drug Administration (FDA). The FDA Commissioner recently released a statement clarifying the agency’s regulatory authority over hemp derivative products. The FDA plans to hold public meetings and gather input as it determines its future regulatory approach to hemp and hemp derivative products.

To help members of the public understand how the FDA’s requirements apply to these products, the FDA has maintained a webpage with answers to frequently asked questions, which the agency intends to update moving forward to address questions regarding the Farm Bill and regulation of these products generally.

There will be more information and analysis as to the impact of this on providers and how states will react as this issue moves forward.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866