CBD and hemp are now legal in the U.S., so what does that mean for pot companies?

Published: Dec 20, 2018 6:01 p.m. ET

Legalization of hemp leaves CBD decisions up to the states, could boost hemp farming in U.S.

Industrial hemp is now legal in the U.S., which could loosen laws around the popular marijuana extract CBD.

President Donald Trump signed the 2018 farm bill on Thursday afternoon, which legalized hemp — a variety of cannabis that does not produce the psychoactive component of marijuana — paving the way to legitimacy for an agricultural sector that has been operating on the fringe of the law. Industrial hemp has made investors and executives swoon because of the potential multibillion-dollar market for cannabidiol, or CBD, a non-psychoactive compound that has started to turn up in beverages, health products and pet snacks, among other products.

The farm bill is a sprawling piece of legislation that sets U.S. government agricultural and food policy for the country and is renewed roughly every five years. This version of the bill places industrial hemp — which is defined as a cannabis plant with under 0.3% of tetrahydrocannabinol, or THC — under the supervision of the Agriculture Department and removes CBD from the purview of the Controlled Substances Act, which covers marijuana. The law also “explicitly” preserved the Food and Drug Administration’s authority to regulate products containing cannabis, or cannabis-derived compounds.

The overall effect is not assured because, like cannabis — which is illegal under U.S. federal law although some states have allowed medical or recreational use — states will continue to be able to enact laws related to CBD and industrial hemp, allowing for a potential patchwork of legislation across the country. Other questions remain in terms of how exactly the Agriculture Department will regulate the plant.

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