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An aerial view of planted crop rows on a working farm

What Does the 2018 Farm Bill Mean for Hemp Products?

Key Takeaways

The Farm Bill is the federal legislation that separated hemp from other cannabis as an agricultural crop, using a THC threshold as the dividing line. It set a baseline rather than settling every question that followed.

It is the federal legislation that made hemp an agricultural crop in its own right, distinguished from other cannabis by a Δ9-THC threshold. It created the category the industry sits in, and it left a great deal for states and agencies to work out afterwards. This is education, not legal advice.

What Did the Legislation Actually Do?

It treated hemp as an agricultural crop rather than grouping it with other cannabis, using a THC threshold to draw the line.

Before it, there was no workable federal space for a hemp industry. Afterwards there was one, and the businesses you see today grew into it.

The dividing line is a threshold rather than a difference in plant species. Products kept at or below ≤0.3% Δ9-THC sit on the hemp side of it, which is the standard everything from Pure Standard Extracts is held to.

Why Does an Agricultural Bill Matter to a Vape Shop?

Tall crop rows growing on trellises in an open field

Because everything downstream of the crop depends on the crop having a legitimate category to sit in.

Farming legislation sounds remote from a finished product, but the supply chain starts in a field. Growing, processing, testing and selling all rest on that first definitional step.

That is why a piece of agriculture legislation ended up shaping a consumer category. Our post on hemp rules across the US looks at the picture more broadly.

What Did It Leave Unsettled?

A great deal. Setting a federal baseline is not the same as answering every question that follows from it.

The table below sets out the shape of what was settled and what was not. It describes the structure rather than interpreting it, since interpretation is exactly what belongs with a qualified professional.

Area Broadly settled? Why it still causes questions
Hemp as a crop category Yes, at federal level The starting point for everything else
The THC threshold Yes, as a dividing line Testing and timing still matter
State-level rules No States build on top of the baseline
Newer cannabinoids Not directly addressed They arrived after the framework
Everyday interpretation No Agencies and courts continue to shape it

Where Do Newer Cannabinoids Sit in All This?

Flowering plants growing in an open agricultural field

In a part of the category that arrived after the framework was written, which is why they prompt so much discussion.

Frameworks are written against the landscape of their moment. Compounds that drew attention later were not the thing being addressed, and that gap is where most of the ongoing debate lives.

We are not going to characterise how that debate should resolve. What we will say is that states have taken their own positions, and yours is the one that affects you.

What Should You Take Away From This?

That the federal baseline is only the floor, and your own state’s current position is what actually applies to you.

Reading about federal legislation and concluding anything about your own situation is the mistake worth avoiding. The baseline explains why an industry exists, not what applies on your street.

Check your own state’s current official sources, and speak to a qualified professional if anything material rests on it. For what is in a specific product, ask our team or browse the vapeables range.

IMPORTANT DISCLAIMER: The information in this article is for educational purposes only and should not be construed as medical advice. Always consult a healthcare professional before using any hemp, CBD, or related products, especially if you have medical conditions, are pregnant or nursing, or take prescription medications. Pure Standard Extracts products contain ≤0.3% Δ9-THC and are intended for adult use (21+). Our products are not FDA-approved to diagnose, treat, cure, or prevent any disease.

Frequently Asked Questions

What is the Farm Bill in simple terms?

Federal legislation that treated hemp as an agricultural crop in its own right, separated from other cannabis by a THC threshold.

Did it make every hemp product permitted everywhere?

That is not something we can state. It set a federal baseline, and states have taken their own positions on top of it.

What is the ≤0.3% Δ9-THC threshold?

It is the dividing line used to distinguish hemp, and the standard our products are kept to and lab-tested against.

Why does farming legislation affect finished products?

Because the supply chain begins with the crop. Growing, processing and selling all depend on hemp having a legitimate category.

Why is there still so much debate?

Setting a baseline does not answer every downstream question. States, agencies and courts have continued to shape how it applies.

Does the Farm Bill override my state?

We are not in a position to answer that. It is exactly the kind of question that belongs with a qualified professional.

Has the framework changed since it was written?

Federal legislation gets revisited periodically, and agencies and courts continue to shape how it is applied. Current official sources are the place to check.

Where do I find my own state position?

Your state’s own current official sources, checked close to when you need the answer.

Golden mushrooms growing from a mossy fallen tree in a forest

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