Here are the answers to 12 common inquiries about hemp litigation and the legal developments surrounding it in the United States.
What is hemp?
Researchers discovered hemp thousands of years ago. Biologically, it’s a plant that’s part of the Cannabis genus, which also houses the marijuana plant. People can extract a bast fiber from hemp that they can use to manufacture a number of industrial items. These include paper, textiles, bioplastics, biofuels, and cordage to name a few. Hemp also produces edible seeds manufacturers can utilize in food. A derivative of hemp is cannabidiol, which people commonly refer to as (CBD).
What is cannabidiol (CBD)?
Cannabidiol, or CBD, is a non-psychoactive phytocannabinoid compound. Processors can extract CBD from both hemp and marijuana plants. Hemp CBD is federally legal and should test at or below the legal limits for tetrahydrocannabinol (THC). CBD from marijuana, by legal definition, will test higher. Some who use CBD compounds report therapeutic benefits for pain, anxiety, nausea, or inflammation
Is there a difference between hemp and marijuana?
Both marijuana and hemp come from the same genus, Cannabis, and are taxonomically the same species. Also, they’re both parts of the Cannabaceae family and mainly differ in THC content. Lawmakers recently classified hemp as part of the Cannabis plant if it tests under 0.3% concentration of THC. While marijuana will be above that percentage, rendering it psychoactive.
Is hemp considered a drug?
The legal definition of a “drug” is any mind-altering substance (legal or illegal) that people ingest with the intention to change or treat a certain physiological or psychological issue. Only recently, however, lawmakers changed the definition to exclude hemp as a drug despite its relation to marijuana (a classified drug). This is because hemp has equal or less than 0.3% of THC, the psychoactive substance in Cannabis. When THC levels are this low, it usually can’t affect or alter someone’s state.
Why did hemp get banned?
Since marijuana and hemp are both Cannabis genus, the law formally banned them in 1970 under the Controlled Substances Act. Specifically, it outlawed any Cannabis plant without differentiating the two, despite hemp’s lack of potency.
How is hemp legally defined?
The 2018 Farm Bill re-defined hemp to the US and beyond, separating it from marijuana and reclassifying it as cannabis (Cannabis sativa L.). Specifically, “any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,” with no more than 0.3% concentration of THC by dry weight.
Is hemp legal in Illinois?
Yes. You can have hemp that contains less than 0.3% THC, as long as a formal institution provided the test. Adding to that, if it has more than 0.7% THC, it must be destroyed.
Can I grow hemp in Illinois?
Yes. Farmers, universities, and the Department of Agriculture can grow hemp. However, this only applies if there’s a research aspect. Additionally, anyone who wants to grow the plant must apply and get approved for the Hemp Grower’s License.
Can I process hemp in Illinois?
Yes. According to Illinois law, those who wish to process hemp must register with the Department of Agriculture.
Is CBD hemp flower legal?
Yes. If the hemp-derived CBD has less than 0.3% THC, it’s federally legal under the Farm Bill Act from 2018.
Is the hemp plant federally legal in the US now?
Yes. After the president signed the Farm Bill into law in 2018, hemp and CBD were federally legal in the U.S. However, this was only if it formally tested under 0.3% THC.
What is the legal history of hemp?
The Marijuana Tax Act in 1937 was the first of many to negatively impact Cannabis, including hemp and marijuana. Moreover, this law regulated and taxed anyone who imported, cultivated, or possessed Cannabis. Next, came the Boggs Act of 1951 and the Narcotics Control Act, both of which effectively inflated restrictions and penalties. These limits applied to anyone who grew, processed, used, or manufactured any Cannabis related thing. After that, lawmakers passed the Controlled Substances Act of 1970. This further defined Cannabis as a controlled, illegal, schedule I drug.
In 2004, the Ninth Circuit Court decided to protect the sales of hemp foods and body care products in the U.S. Later, the president introduced the Agricultural Act of 2014 (older farm bill). This gave research institutions permission to farm hemp if state legislation allowed. Adding to that, in 2018, the amended bill removed hemp and its derivatives as a controlled substance if below legal limits for THC.
Recently, the Cannabis Regulation and Tax Act (410 ILCS 705/) legalized the recreational use, consumption, and production of all Cannabis in Illinois. Additionally, it became law on January 1, 2020. a
Do you have more questions about hemp litigation in Illinois or anywhere else in the United States? Please contact one of our attorneys. They focus on related legal matters and are happy to oblige.