Those who are starting to look into cannabidiol products often find that many websites advertise their products as either marijuana or industrial hemp. The key to finding the right product is to understand these two categories. Fortunately, this informational has you covered.
The cannabis industry is built around two plants, which are broadly categorized as the drug plant and the hemp plants. The latter is cultivated for fiber and seed oils, while the former are often cultivated for their euphoria-producing qualities due to the THC content. However, when the THC content is removed, the hemp can be used for products. Another significant difference between the two is the resin content – the drug plant has a high resin content, while hemp plant has a low resin content.
Under federal law, marijuana was originally defined by its resin content. In the 1973 Marijuana Tax Act originally defined the term, and it then appeared in the 19702 Controlled Substances Act. According to the original act,
“The term ‘marijuana’ means all parts of the plant Cannabis satvia L. [sic], whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seed or resin.”
Essentially, the part of the plant that comprises of the mature stalk and sterilized seed are not part of the legal definition of marijuana and are not part of the exemptions either. Moreover, federal law provides that the resin of the marijuana plant of any “preparation” derived from the resin is to not be used. On the other hand, medical and recreational brands recognize that the resin is one of the most powerful parts of the plants. It contains THC and CBD and it also features a range of metabolites.
Unlike the resin, the hempseeds do not contain the same substances. The seeds do not feature the same compounds as the CBD-rich oil that is derived from the flowers and leaves of the hemp plant. The oil is free from CBD, THC, and cannabinoids – but it is still a stellar product that can be used to make soap, nutraceuticals, varnish, soap, paint, and so much more.
Federal Law Today
The original laws assumed that resin was the element that differentiated regular marijuana products from the industrial-grade version. Today’s laws have changed, though. Federal law now characterizes industrial hemp has to have no more than 0.3 percent THC by dry weight. This low figure derives from a taxonomic report from 1976. Interestingly enough, the report was not intended to be used to express a difference between forms of cannabis.
Recently, the Drug Enforcement Administration attempted to ban hemp from food products, such as hempseed oil. The attempt appeared in an interpretive rule published in 2001, in which it stated that “any product that contains any amount of THC is a schedule I controlled substance.” The attempt failed when the Hemp Industries Association litigated against the administration and in 2004, the 9th Circuit Court of Appeals determined that the DEA could not ban hemp based on substantive grounds. Though CBD’s legal status was not affected by the ruling, many brands tend to cite to the decision, claiming that their products are legal in all 50 states. This is highly inaccurate, as the law does not legalize hemp and second, even if it did, the circuit ruling is not binding on circuits.
The 2018 Farm Bill also provides for federal approved pilot programs and states can farm CBD, so long as it is for medicinal oil extraction. Kentucky, for example, has several farms that are cultivating industrial hemp for product formulation. The programs are permitted to continue, so long as they operate within federally-sanctioned agricultural programs. The farmers have certified pedigrees. The state’s growers have also come up with varieties that have a high resin content and that cause no euphoric effect either. The product can be used to create CBD oils.
Another state, Colorado, has been cultivating strains of cannabis that have a high CBD content and a low THC level. The issue is that the industry does not comply with 7606 of 2014s Agricultural Act. Rather, the state has many farms that produce hemp for commercial cultivation and though state law permits such cultivation, federal law does not. As a result, a Colorado farmer had to destroy his entire crop recently because his cultivated hemp was beyond the legal limit.
Reviving Industrial Hemp
There are those who are proponents of the hemp industry and one such individual is Joy Beckerman who is president of Hemp Ace International and who is also teaching a law class on
“The Curious Legal Status of CBD and Industrial Hemp-Derived Cannabinoids.” Beckerman understands the significant role that hemp plays in developing an infrastructure for the new industry. As she stated,
“I see the revenue can be immediately generated by the hemp CBD market as leading to the funding of an extensive domestic infrastructure for processing hemp fiber and seed into tends of thousands of natural and manufactured products, as well as CBD oil.”
Though many brands use industrial hemp for their CBD products, the industry may experience issues from such use. For example, industrial grade hemp does not have an optimal amount of CBD oil, it takes a great deal of foliage to produce a small quantity of oil, and there is always a risk of contaminants. The industry has tried to combat the problem by creating CBD paste, which comes from the foliage. The paste is also infused with hemp-derived CBD powder, that may dilute the effectiveness of the product because the power has thinning agents.
Another significant problem is that the processed products also do not have the full-spectrum CBD that is so widely coveted due to the inclusion of terpenes and other cannabinoids. Thus, they may have less of a therapeutic effect. For instance, scientific research shows that products with full-spectrum CBD may have more therapeutic properties than single-molecule CBD.
At the end of the day, given the industry’s continued growth and evolution, it seems absurd that 0.3 percent THC is the legal limit. The federal law is difficult to comply with and unfortunately, not many states do so – even though they comply with their own state’s laws. It’ll be interesting to see where the industry goes in the years to come.
Join Us On Facebook
Georgia Agriculture Commission Warns Businesses About Putting CBD into Food and Drinks
Cannabis Brand Caliva Acquires Plant-Based Beverage Maker Zola
Hemp Green Lights Legality in Florida as Increased Interest to Cash in on CBD Oil Rises
Examining the Bumpy Pathway Ahead for Medical Marijuana in 2019: Legal, Banking, Trade and Research
69-Year Old Grandmother Arrested for Hemp-Derived CBD Oil Possession Set to Sue Disney World
VISA Stops Providing Payment Processing for Cannabidiol (CBD) Related Websites
Mile High Labs to Offer “Tinctures on Tap” to Product Manufacturers for Compliant, Bulk CBD Oil Product
Cannabis Brand Caliva Acquires Plant-Based Beverage Maker Zola
After a CBD vs Chemo Legal Battle, Parents in Florida Lose Custody of Their Three Year Old Child
CBDfx Launches Rejuvediol CBD Oil Face Serum Citing Painstaking Product Development and Research
Trending CBD News
Vaping vs Smoking Cannabis: What’s the Verdict on Medical Marijuana Smoke vs Vape Methods?
Inhalation, in general, is the fastest and most effective way to experience the effects of cannabis. When inhaled, the effects...
Analyzing Hemp’s Naturally Versatile, Diverse and Mighty Power as the Plant of the Future
The legalization of marijuana over the recent years has attracted widespread attention. The naturally occurring plant contains a wide spectrum...
CBD Oil (Cannabidiol) Medical Conditions Research: User Health Guide
CBD Oil/Cannabidiol Conditions Guide Cannabidiol is a powerful healing substance extracted from the cannabis plant. Unlike THC, cannabidiol (CBD) is...
Cannabix Technologies: What’s A THC breathalyzer Or Cannabis Breath Collection Unit
As countries around the world continue to reassess their stance on marijuana (both recreational and medicinal), health practitioners and law...
10 New Studies Backing the Major CBD (Cannabidiol) Cannabis Extract’ Potency and Results
butCannabidiol (CBD) is fast becoming a popular compound largely because there are teams of researchers examining its potentials and proving...
CBD for Lyme Disease: Can Cannabidiol Help With Borrelia Burgdorferi Bacteria?
CBD’s many attributes has led to people asking if it can help with just about any health condition. The latest...
TimesofCBD always fact checks sources but is not eligible to be held liable for the accuracy in CBD news, medical reports and research guides. Everything here is for educational, informational purposes only. While quality is our priority, no statements found on this website have underwent Food and Drug Administration evaluation. The efficacy of any products or claims made have never been approved by the FDA. No products shall ever be intended to diagnose, treat or cure any disease or prevent any ailment. Always seek additional medical advice and consultation with a professional healthcare practitioner before considering any CBD.
What Is CBD?
Guides5 months ago
Top 24 CBD Oil Supplements : Best Cannabidiol Products for Healthy Benefits and No Side Effects
Benefits4 months ago
Liposome Benefits Prove to be a Perfect Pair for CBD (Cannabidiol)
Benefits5 months ago
Hemp Oil Health Benefits Vs Side Effects: Proper Use And Optimal Dosage Guide
CBD (Cannabidiol)5 months ago
CBD Oil For Knee Pain: Symptoms, Causes, Diagnosis, Treatment And Prevention Guide
CBD Oil (Cannabidiol)4 months ago
Keylor Nutrition American Hemp Gummies: Premium No-CBD Oil Gummy Bears?
CBD Oil (Cannabidiol)5 months ago
Wild Hemp: Hempette Organic Cigarettes And Broad Spectrum CBD Vape Tinctures
Guides4 months ago
Cachet CBD: Certified Organic Plant-Based Hemp Cannabidiol Drops, Gummies and Topical
Guides5 months ago
CBD Oil Sleep Benefits: A Full Night’s Rest-Promoting Guide To Using Cannabidiol