Understanding the Hemp Farming Act of 2018

Karla Palmer, director at Hyman, Phelps, & McNamara, discusses how the Hemp Farming Act of 2018 affected hemp and CBD products. This video was filmed at the 2019 NCPA Annual Convention in San Diego.

Karla Palmer, JD: The big issue around CBD is the Farm Bill that passed December 20th of 2018, because with the passage of the Farm Bill, hemp-extracted CBD with a THC level of less than 0.3% was not considered to be within the federal definition of marijuana anymore. So, it was deregulated by the Congress and thus by DEA. So, if it’s a CBD product with less than 0.3% THC, it’s basically free reign for sale. And although that sounds like a good thing, about 5 days after its deregulation in the federal system, then-FDA Commissioner [Scott] Gottlieb released a statement to the press stating that notwithstanding Congress’s treatment of CBD, hemp-derived CBD pursuant to the passage of the Agricultural Improvement Acts, FDA would still regulate CBD’s use as a dietary supplement and as a drug product, and it would be vigorously enforcing the laws concerning its use in both of those forms.