The 2018 Farm Bill, Hemp and Interstate Commerce
Among other things, the 2018 Farm Bill removed hemp from the Controlled Substances Act, unlocking a new industry that is poised to make serious waves throughout the agricultural sector and beyond.
June 21, 2019 at 02:00 PM
8 minute read
Imagine a world where, before legislative enactment, Congress considered every possible factual scenario, detailed every possible legal nuance, and left no practical ambiguity to interpretive chance. Unfortunately, this imaginary world is just that—imaginary. And the Agricultural Improvement Act of 2018, or more commonly referred to as the "2018 Farm Bill," is no exception.
On Dec. 20, 2018, President Trump signed into law the 2018 Farm Bill, which became effective on Jan. 1, 2019. Among other things, the 2018 Farm Bill removed hemp from the Controlled Substances Act, and amended certain federal laws relating to the production and marketing of hemp, as well as derivatives of the plant, including cannabidiol, or CBD. While most of these amendments involve the production of hemp, certain amendments implicate the sale of hemp and hemp-derived products.
These sale-related amendments have raised both legal and practical questions, particularly over the interaction between Congress' clear intent to delegate primary regulatory authority to the states, with Congress' equally clear intent that hemp generally be treated as any other agricultural commodity. Before analyzing the bounds of the 2018 Farm Bill, however, it is important to first understand the regulatory framework promulgated by Congress.
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