Hemp Law & Defining Hemp

Hemp Law & Defining Hemp 2017-03-10T21:02:46+00:00

Under the current U.S. drug policy, all cannabis varieties, including hemp, are considered Schedule I controlled substances under the Controlled Substances Act (CSA, 21 U.S.C. §§801 et seq.; Title 21 CFR Part 1308.11). With the exception of Industrial Hemp which meets rigorous testing standards performed by a third party private lab, and tests at <0.3% THC content. Hemp production is controlled and regulated by the U.S. Drug Enforcement Administration (DEA). It is illegal to grow hemp without a DEA permit.

 “The DEA’s attempt to regulate hemp-derived products containing cannabinoids lawfully sourced under the CSA, and farmed and produced under the Farm Bill in states like Kentucky and Colorado, is not only outside the scope of their power, it’s an attempt to rob us of hemp’s economic opportunity,” said Colleen Keahey, executive director at the HIA (Health Impact Assessment) team who provides Information and Insight for Policy Decisions.

Industrial hemp is a variety of Cannabis sativa and is of the same plant species as marijuana. However, hemp is genetically very different in its chemical makeup. Industrial hemp refers to cannabis varieties that are primarily grown as an agricultural crop. Hemp plants are low in THC (delta-9 tetrahydrocannabinol, marijuana’s primary psychoactive chemical). THC levels for hemp generally are less than 1 percent. Federal legislation that would exclude hemp from the legal definition of marijuana would set a ceiling of 0.3% THC for a cannabis variety to be identified as hemp. Many state definitions for industrial hemp specify that THC concentration is on a dry weight basis and can be measured from any part of the plant. Some states also require the plant to be possessed by a licensed grower for it to be considered under the definition of industrial hemp.

Several states have legalized the cultivation and research of industrial hemp, including Colorado, Hawaii, Kentucky, Maine, Maryland, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia. However, a grower still must get permission from the DEA in order to grow hemp, or face the possibility of federal charges or property confiscation, even if he or she has a state-issued permit.

Legislation filed in both houses of Congress would exclude hemp from the legal definition of marijuana. House Resolution 525 is sponsored by Rep. Thomas Massie of Kentucky and has 39 co-sponsors, including Rep. John Yarmuth of Kentucky. Senate Bill 359 is sponsored by Sen. Ron Wyden of Oregon and has four co-sponsors, including Sens. Rand Paul and Mitch McConnell of Kentucky.

Our team at Care By Doctors, strive to bring you the highest quality products that are only derived from Industrial Hemp which is rigorously tested by third party private labs and has <0.3% THC and meets the strict standards of the U.S. Drug Enforcement Administration (DEA) and are NOT in violation of the Schedule I controlled substances under the Controlled Substances Act (CSA, 21 U.S.C. §§801 et seq.; Title 21 CFR Part 1308.11).  Therefore are fully compliant with the US Law and can be shipped legally throughout the US and most of the world.

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