NOTE: This article was not written by a lawyer and this is not legal advice. To find the legal status of hemp flower in your state we recommend getting in touch with a licensed legal professional in your state familiar with cannabis law.
What is hemp flower?
Hemp is defined as cannabis with less then .3% delta-9-THC by weight. Hemp flower, sometimes called “CBD flower,” is the resinous, smokeable portion of the hemp plant. These flowers are high in CBD and other cannabinoids and terpenes. These cannabinoids and terpenes may have many benefits.
Is hemp flower legal?
Currently (04/2019) hemp flower is legal in all states except Idaho. However, your city, county, or other local jurisdiction may have its own laws governing the legality of hemp and hemp flower.
Hemp, including hemp flower, was federally legalized January 1 2019 when The Agriculture Improvement Act (aka “The 2018 Farm Bill”) went into effect. This bill legalized the purchase and possession of industrial hemp for all Americans. Industrial hemp is defined as cannabis with less than .3% delta-9-THC by dry weight. Other than the THC level, hemp flower is exactly the same as high-THC illegal cannabis (“marijuana”).
However, federal legality does not necessarily mean it is legal where you live. It just means that as far as the federal government is concerned, it’s not illegal to possess or sell. States and local jurisdictions are able to create their own laws on the legality of hemp similar to how there are still dry counties and states are able to determine their own legal drinking age after the ending alcohol prohibition.
Hemp is legal in the vast majority of the country. More than likely it is perfectly legal where you live.
An important note on the legality of hemp:
Hemp flower looks and smells just like regular high-THC cannabis. Unfortunately, police departments do not have ready access to tests that can distinguish between legal hemp flower and illegal cannabis. Their field tests test for the presence of cannabinoids (which hemp flower definitely has) or the presence of THC (but does not measure the amount of THC). In either case, if hemp flower is tested by an officer with a field test, it will test positive as illegal cannabis. This means that there is risk you could be arrested even though what you possess is perfectly legal.
The best way to avoid this scenario is to be discrete with your hemp flower usage. Do not put yourself, the people around you, and the police officers in that situation. Avoid using hemp flower in public.
Is it legal to grow hemp in the United States?
As of right now hemp needs to be grown on state licensed farms. It is not legal to grow hemp without a state license.