Regulations

The 2014 Farm Bill defined industrial hemp as “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta tetrahydrocannabinol(THC) concentration of not more than 0.3 percent on a dry weight basis.” THC is the psychoactive component of cannabis, and the law considered 1% THC a threshold for psychoactive effects.

In the 2018 law, the Farm Bill removed “industrial,"" ultimately redefining “hemp” as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis.”

Increasingly, hemp laws include cannabinoids, like cannabidiol, delta 8, delta 10, hhc, and more which clarifies what the word ""hemp"" means in other areas. In other words, these cannabinoids are now federally legal.

Go here to read the 2018 Farm Bill in full.

Delta 8 and other hemp derivatives including delta 10, hhc, and thc-o legal are federally legal in the United States. However, many states have decided to restrict or outright ban the sale and use of this cannabinoid. Here's where everything stands as of May 2022.

Delta-8 is currently legal in 32 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.

In two other states, delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan. Meanwhile, delta-8’s legality is unclear in 3 states: Arizona, California, and Mississippi. Finally, Delta-8 THC is illegal in 13 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington.

Yes. According to the Farm Bill, which passed into law in 2018, all hemp products and hemp derivatives are federally legal. In May 2022, a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed that notion, writing an opinion that states ""products containing delta-8 THC are generally legal because federal law defines hemp as “any part of” the cannabis plant, including “all derivatives, extracts, [and] cannabinoids,” that contains less than 0.3 percent delta-9 THC by weight," according the Marijuana Moment.

Marijuana Moment went on to note that “Regardless of the wisdom of legalizing delta-8 THC products, this Court will not substitute its own policy judgment for that of Congress,” Judge D. Michael Fisher wrote for the three-judge panel, which also included Judges Andrew Kleinfeld and Mark Bennett. All three were appointed by Republican presidents.

If lawmakers inadvertently created a loophole and didn’t intend to legalize psychoactive substances such as delta-8 THC, Fisher said, “then it is for Congress to fix its mistake.”

Delta 8 is federally legal in the United States. However, many states have decided to restrict or outright ban the sale and use of this cannabinoid. Here's where everything stands as of May 2022.

According to cbdthinker.com, "Delta-8 is currently legal in 32 states: Alabama, Arkansas, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, Wyoming, and in Washington D.C.

In two other states, delta-8 is regulated the same way as recreational cannabis: Connecticut and Michigan. Meanwhile, delta-8’s legality is unclear in 3 states: Arizona, California, and Mississippi. Finally, Delta-8 THC is illegal in 13 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Rhode Island, Vermont, Utah, and Washington."

Yes. According to the Farm Bill, which passed into law in 2018, all hemp products and hemp derivatives are federally legal. In May 2022, a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed that notion, writing an opinion that states ""products containing delta-8 THC are generally legal because federal law defines hemp as “any part of” the cannabis plant, including “all derivatives, extracts, [and] cannabinoids,” that contains less than 0.3 percent delta-9 THC by weight,"" according the Marijuana Moment./p>

Marijuana Moment went on to note that “Regardless of the wisdom of legalizing delta-8 THC products, this Court will not substitute its own policy judgment for that of Congress,” Judge D. Michael Fisher wrote for the three-judge panel, which also included Judges Andrew Kleinfeld and Mark Bennett. All three were appointed by Republican presidents.

If lawmakers inadvertently created a loophole and didn’t intend to legalize psychoactive substances such as delta-8 THC, Fisher said, “then it is for Congress to fix its mistake.”

They are both varieties of the plant cannabis sativa L., however, hemp has a total THC level that does not exceed 0.3% on a dry weight basis. Marijuana has THC levels that exceed this amount.

Cannabinoids such as cannabidiol (CBD). delta 8, delta 10, hhc, and thc-o are derived from the hemp plant. Products containing CBD, delta 8, thc-o, or other cannabinoids, or any part of the hemp plant are considered hemp extract.

This is accomplished through laboratory testing. All hemp food products must be accompanied by a lab report called a “Certificate of Analysis.” This report must represent the product and verify through laboratory testing that the levels of THC are less than 0.3% on a dry weight basis.

FDACS has published a Hemp Waste Disposal Manual that is available on FDACS.gov. This manual must be followed for disposing any hemp extract with THC that exceeds acceptable levels. In addition, a completed Notice of Disposal form also available on FDACS.gov must be submitted to FDACS upon disposal.

Because this is a costly, and time-consuming predicament, it is important to partner with a CBD supplier that is familiar with, and abides by, the strict federal and state regulations, and can provide you with third-party lab tests to ensure the quality of their products. 

All hemp extract must be processed and distributed by facilities that are permitted and inspected by their local and/or state food safety jurisdictions. Retailers selling the end product must be able to provide a copy of the processor/distributor’s food permit and most recent inspection report to FDACS upon request showing that they meet their local jurisdiction’s food inspection requirements.

In order for your CBD labels to be in compliance with federal regulations, you will need to include the following information:

Requirements for the front panel:

• Name of the product.

• The net quantity of contents. 

Requirements for the information panel:

• Ingredient list 

• Name of manufacturer, packer, or distributor.

• FDA 740.10 warning (where applicable).

• Any direction for safe use of product.

Please note that the product name and net quantity must be on the front display panel. All other statements must be placed either on the front panel or directly to the right (the information panel).

In addition to the information above, you must ensure that all text on your label and packaging is compliant and free of any claims that are medical in nature or can be misconstrued as such.

Furthermore, your design and font must not be misleading in any way. Some things to consider:

1. Panel size. The label must be large enough so that all required details are prominently displayed.

2. Font style & size. Letters must be at least one-sixteenth (1/16) inch in height.

3. Label background. The background must be sufficiently contrasted with text for easy reading. 

4. Label design. FDA required statements cannot be obscured by any design elements 

5. Label content. Label content cannot make any therapeutic claim that indicates your product works at the physiological level. 

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In order for your cannabinoid labels to be in compliance with federal regulations, you will need to include the following information:

• Name of the supplement

• The net quantity of contents 

• Nutrition information

• Ingredient list 

• Name of manufacturer, packer or distributor

Please note that the product name and net quantity must be on the front display panel. All other statements must be placed either on the front panel or directly to the right (the information panel).

In addition to the information above, you must ensure that all text on your label and packaging is compliant and free of any claims that are medical in nature or can be misconstrued as such.

Furthermore, your design and font must not be misleading in any way. Some things to consider:

1. Panel size. The label must be large enough so that all required details are prominently displayed.

2. Font style & size. Letters must be at least one-sixteenth (1/16) inch in height.

3. Label background. The background must be sufficiently contrasted with text for easy reading. 

4. Label design. FDA required statements cannot be obscured by any design elements 

5. Label content. Label content cannot make any therapeutic claim that indicates your product works at the physiological level. 

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Any statement or claim, either on the package itself or on any advertisement for the product, that the hemp extract is intended to diagnose, cure, mitigate, treat, or prevent a disease is not allowed.

Unless exempted by law, the Tariff Act requires that every article of foreign origin (or its container) imported into the United States conspicuously indicate the English name of the country of origin of the article.

Any hemp extract or product containing hemp extract intended for ingestion will be regulated by the Division of Food Safety. 

Food permits are required for all companies selling ingestible cannabinoids, including CBD, Delta 8, Delta 10, HHC, and THC-O, even if those products are only available online and not stored at their physical location.

There are specific labeling requirements in Florida Law and the products are subject to testing by the state’s laboratories. Additionally, online sellers of hemp extract are required to make sure their products meet the “approved source” requirements in Rule 5K-4.034, FAC. This means any products sold online must be manufactured in a facility that is subject to a food safety inspection program and meets their inspection requirements.

When you apply for your annual food permit, you will be asked if you sell or plan to sell hemp products intended for human ingestion. You must report “yes” on your food permit renewal application and you will be designated as a “Hemp Food Establishment.” If you offer hemp products after your permit has been issued, you must call the business center at 850-245-5520 or go online to FDACS.gov to update your records.

Hemp processors are required to test each batch of hemp extract that they produce. If the processor is unable to provide a COA, the hemp extract is not in conformance with Florida Law.

Yes, CBD is federally legal. In 2018, the Agriculture Improvement Act of 2018 (aka the Farm Bill) legalized CBD derived from hemp containing no more than 0.3% THC (by dry weight).