ABSTRACT

This chapter breaks down into categories the different approaches states have taken to regulating hemp and CBD. With respect to hemp, many states continue to authorize 2014 Farm Bill programs, while others have submitted plans under the new 2018 Farm Bill. Most states will directly issue licenses for 2018 Farm Bill plans, but a small number have elected to have the USDA directly issue the licenses. In a very limited number of states no hemp cultivation is permitted at all. With respect to CBD, state approaches vary considerably. Some have not updated their criminal codes to remove extracts from hemp, meaning CBD would remain technically illegal, while others have taken positions contrary to the FDA and expressly allow the inclusion of CBD in ingestible products.