The 2018 Farm Bill both legalized and set the regulatory oversight program for hemp, designating the USDA Agricultural Marketing Service (AMS) as the lead regulatory agency. This program established rules by which designated States and Tribal Nations can submit plans for domestic hemp production. All growers must then be licensed under the State or Tribal plan to begin cultivating hemp. Growers in a state without an approved plan can apply for a license under the federal program instead. In addition, since hemp is now regulated under the USDA, growers can apply for other USDA farm programs, such as crop insurance, revenue protection, farm loans, and others. All hemp growers that were previously part of the 2014 Farm Bill pilot program are now under this new regulation, with the exception that those growers and states do not need to re-apply for licenses.
Hemp cultivation and consumption
Legalization has not been the only driver for the surge in hemp cultivation. Producers can grow hemp in a variety of climates, as evidenced by the fact that it’s currently grown in three-quarters of the U.S. Depending on the anticipated end product, planting and cultivating hemp can vary. If seeds are given less space between each other, the plant will grow tall and fibrous, ideal for the production of textiles and other materials. If given more space, the plants’ flowers and leaves have room to grow, an environment ideal for extracting CBD.
The USDA is responsible for regulating the agricultural side of hemp, but the Food and Drug Administration (FDA) regulates food production and the commerce of consumable hemp products. Since CBD has been increasingly popular in food products, the FDA has rapidly introduced guidance and regulation for these products. The FDA has classified some hemp-seed-derived ingredients as GRAS (generally recognized as safe) and therefore acceptable for use in food products. However, products that have had extracted CBD or THC added directly to them are illegal for interstate commerce.
Read more at foodinsight.org