The Legalization of Industrial Hemp: A Historical Overview

The hemp plant species Cannabis sativa L. was banned throughout the United States in 1937, with the passage of the Marijuana Tax Act. However, two weeks ago, the North Carolina House of Representatives and Senate approved a bill that would legalize industrial hemp production in the state. This has caused quite a sensation, as it marks the first time in generations that the cultivation and sale of hemp is allowed federally (as long as you have a hemp license).The Farm Bill guarantees that any cannabinoid, a set of chemical compounds found in the cannabis plant and that are derived from hemp, will be legal, only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, state association regulations and by a producer authorized.

When submitting an application to grow hemp, farmers must provide a full criminal record report and, if the request is for a business entity, the criminal record report for each “key participant” must be provided. The drug approval process offers significant benefits to prescribers and patients, including those seeking to prescribe or use hemp products for therapeutic purposes. The FDA recognizes that three to five years is a long time to wait for regulatory clarity, especially given the great public interest in hemp products and, in particular, in CBD. For decades, the program was thought to be a myth until the late 1980s when a group of hemp activists found copies of the video “HEMP for Victory” in the archives of the Library of Congress. For their experiment, Mitlin's team cooked discarded hemp stalks that the government stored in Alberta, Canada, where it is legal to grow industrial hemp. Many members of the advocacy community hope that the hemp policy reforms under the Farm Bill will serve as a first step toward broader cannabis reform. Such a measure would require the ingredient to meet other FDCA requirements, including those required for food additives or new ones.

dietary ingredients, which could pose a challenge for certain ingredients derived from hemp. Third, the law outlines actions that are considered violations of federal hemp law (including activities such as growing without a license or producing cannabis with more than 0.3 percent THC). While states and tribes will differ in how they treat farmers who become negligent, at a minimum, if a farmer negligently violates a state or tribal plan three times in a five-year period, he will not be eligible to produce hemp for the next five years. Second, there will be significant shared state and federal regulatory power over the cultivation and production of hemp. You know that hemp doesn't get you high and that the debate about the war on drugs that devastated hemp was politically motivated rather than policy-oriented. Before this rule change many in the banking sector were looking for greater clarity about the legal and regulatory landscape surrounding funding in the hemp sector. Now that industrial hemp is legal again after so many years it is important to understand its history and how it has been regulated over time.

Claudette Bulkin
Claudette Bulkin

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