The Agriculture Enchancment Act of 2018 (“2018 Farm Invoice”) legalized hemp by eradicating the crop and its derivatives from the definition of marijuana below the Managed Substances Act (“CSA”) and by offering an in depth framework for the cultivation of hemp. The 2018 Farm Invoice provides the US Division of Agriculture (“USDA”) regulatory authority over hemp cultivation on the federal stage. In flip, states have the choice to take care of major regulatory authority over the crop cultivated inside their borders by submitting a plan to the USDA. This federal and state interaction has resulted in lots of legislative and regulatory adjustments on the state stage. Certainly, most states have launched (and adopted) payments that might authorize the industrial manufacturing of hemp inside their borders. A smaller however rising variety of states additionally regulate the sale of merchandise derived from hemp.
In mild of those legislative adjustments, we’re presenting a 50-state collection analyzing how every jurisdiction treats hemp-derived cannabidiol (“Hemp-CBD”). Every Sunday we are going to summarize a brand new state in alphabetical order. Thus far, now we have lined Alabama, Alaska and Arizona. This week we flip to Arkansas.
The Arizona State Plant Board (“ASPB”), which is a part of the state Division of Agriculture, has been overseeing the state’s hemp program since August 2018.
The ASPB guidelines require a license to domesticate, course of, distribute or market uncooked hemp and industrial hemp merchandise. “Industrial hemp merchandise” or “hemp merchandise” means “merchandise derived from, or made by, processing industrial hemp crops or plant components, together with with out limitation: (A) Licensed seed for cultivation if the seeds originate from industrial hemp varieties; (B) Material; (C) Cordage; (D) Fiber; (E) Meals; (F) Gas; (G) Paint; (H) Paper; (I) Particleboard; (J) Plastics; and (Okay) Seed, seed meal, and seed oil for consumption.”
The foundations additionally present for “publicly marketable hemp product” which is differentiated from “industrial hemp merchandise” and refers to “a hemp product that meets a number of of the next descriptions:”
(a) the product doesn’t embody any residing hemp crops, viable seeds, leaf supplies, floral supplies, or decarboxylated delta-9-THC content material above 0.three %; and does embody, with out limitation, the next merchandise: naked stalks, bast fiber, hurd fiber, nonviable roots, nonviable seeds, seed oils, and plant extracts (excluding merchandise containing decarboxylated delta-9-THC above 0.three %).
(b) the product is CBD that was derived from industrial hemp, as outlined on this regulation; or
(c) the product is CBD that’s authorized as a prescription treatment by america Meals and Drug Administration.”
Publicly marketable hemp merchandise are excluded from the ASPB’s definition of “cannabis” in addition to from the ASPB’s clarification of who should apply for a license to develop or course of industrial hemp. Accordingly, no license or allow is required by the state company to promote or ship Hemp-CBD merchandise within the state.
Furthermore, on March 18, 2019, Arkansas eliminated Hemp-CBD that incorporates not more than 0.three % THC on a dry weight foundation and that’s not authorized as a drug by the FDA from its listing of managed substances. In doing so, the state eliminated all prison and civil penalties for possession hemp-derived CBD merchandise in Arkansas, and thus, licensed the sale of those merchandise no matter continued federal prohibition.
Consequently, it’s protected to say that Arkansas is without doubt one of the most secure and most hemp-friendly states within the nation.