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The 2018 Farm Bill: Hemp vs Cannabis

CCELL Marketing 2024-08-23

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The 2018 Farm Bill marked a pivotal moment in the landscape of U.S. agriculture and industry, particularly in how it redefined the boundaries between hemp and cannabis.


This legislation brought significant changes that have rippled through the cannabis and hemp industries. By legalizing the cultivation of hemp, defined as cannabis containing less than 0.3% Delta-9 THC, the bill opened the door to a rapidly expanding market for hemp-derived products, including CBD and other cannabinoids.


However, the distinction between hemp and cannabis remains a source of confusion and legal complexity for consumers and businesses alike. As we explore the nuances of the 2018 Farm Bill, we'll delve into the critical differences between hemp and cannabis, the implications of these differences, and what the future might hold for both industries.


Overview of the 2018 Farm Bill


The 2018 Farm Bill, formally known as the Agriculture Improvement Act of 2018, represents a landmark shift in U.S. agricultural policy, particularly concerning hemp.


Prior to this legislation, hemp was largely associated with its psychoactive cousin, cannabis, and was therefore subject to the same legal restrictions under the Controlled Substances Act. However, the 2018 Farm Bill fundamentally changed this by legally distinguishing hemp from cannabis. Specifically, the bill defines hemp as any part of the cannabis plant containing less than 0.3% Delta-9 THC, the psychoactive compound responsible for the "high" associated with marijuana use.


This reclassification of hemp removed it from the list of controlled substances, making it an ordinary agricultural commodity in the eyes of federal law. This legal change has had profound effects, particularly in the areas of cultivation, research, and commerce.


Farmers across the U.S. are now able to cultivate hemp legally, leading to a significant expansion of the industry. Additionally, the bill expanded the wide range of hemp-derived products, including CBD oils, textiles, and even building materials available on the legal market.


The impact of the 2018 Farm Bill extends far beyond the agricultural sector. It has also influenced state laws, which have had to adapt to the federal redefinition of hemp.


While the bill grants states the authority to regulate hemp production, it has also established a framework for states to follow, ensuring that hemp is produced and processed in a way that meets federal standards. This has led to a more standardized approach to hemp production across the country, though state-specific regulations can vary.


For those looking to understand the full scope of this legislation, detailed presentations and resources such as the “Farm Bill Snap PowerPoint” and “Farm Bill Amendment Hemp” guides have been developed and are available online, providing a comprehensive overview of the bill's provisions and its broader implications. These resources, often shared in a “Farm Bill Snap PPT” format, have been instrumental in educating stakeholders and everyday consumers about the nuances of the 2018 Farm Bill and its impact on the cannabis and hemp industries.


Legal Status of Hemp vs Cannabis


The 2018 Farm Bill not only redefined hemp vs cannabis but also paved the way for a flourishing industry centered around hemp-derived products.


Whether you vape new-school hemp-derived products or good old cannabis, it’s essential to understand the legal status of both types of products. Below, we’ll briefly dive into the legal nuances between hemp and cannabis products and THCA vs THC.


Hemp: A Federally Protected Industry with a Significant Tradeoff


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By legally distinguishing hemp from cannabis based on its Delta-9 THC content—specifically, anything under 0.3% THC is classified as hemp—the 2018 Farm Bill allowed a range of cannabinoids to enter the market, all of which are now (currently) federally protected across the United States.


This includes popular compounds like CBD (cannabidiol), THCA (tetrahydrocannabinolic acid), CBG (cannabigerol), and THCP (tetrahydrocannabiphorol). Each of these compounds offers unique benefits and can be found in various products, from wellness supplements to vape cartridges, all of which are compliant with federal law as long as the THC content remains within the “by weight” legal parameters.


The Rise of Hemp-Derived Products


The ability to legally produce and sell these cannabinoids has led to the development of a vast array of hemp-based products that are widely available, even in states where cannabis remains illegal.


For instance, you’ve likely Googled “what is THCA?”. THCA is likely the most popular hemp-derived product due to its extreme similarity to Delta-9 THC. While non-psychoactive in its raw form, THCA converts to “regular” THC when heated, making it an attractive option for consumers looking to enjoy the effects of THC without running afoul of the law.


Although THCA is a significant option for enthusiasts across the United States, these products are still technically in a legal grey area. Regardless, the usage of hemp-derived products has sky-rocketed since the passing of the 2018 Farm Bill.


This has implications for the vape market, where products like THCA flower and concentrates can currently be legally possessed under the federal framework established by the 2018 Farm Bill, as long as they adhere to the .3% THC threshold by total weight.


Cannabis: A Patchwork of Regulations and Sky-High THC Content


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By contrast, high-quality cannabis flower typically contains upwards of 18% Delta-9 THC. 


However, some cannabis strains can reach as high as 33% THC and beyond.


As opposed to hemp, cannabis remains federally illegal and is classified as a Schedule I controlled substance. This classification places cannabis alongside substances like heroin and LSD, despite the DEA’s recent indications that it may reschedule cannabis to Schedule III. This change could redefine THCA vs delta 9 THC because it suddenly decreases the significant legal ramifications of D9 THC found in cannabis.


Even with potential rescheduling, cannabis would continue to face significant federal restrictions, and its legality would still vary widely on a state-by-state basis. Some states have fully embraced cannabis, allowing both medical and recreational use, while others maintain strict prohibition, limiting access.


The legal framework set in stone by the 2018 farm bill has created a clear, but complex divide between hemp vs cannabis, with hemp enjoying far greater freedom under federal law and cannabis remaining tightly regulated.


Current Trends and Future Outlook of Hemp and Cannabis


The Booming Hemp Industry Post-Farm Bill


Since the passage of the 2018 Farm Bill, the hemp industry has experienced explosive growth, driven by the demand for hemp-derived products like CBD, THCA, CBG, and many other cannabinoids.


This legal framework allowed these cannabinoids to flourish, creating a multibillion-dollar market that has reshaped the landscape of cannabis alternatives. Vape products, especially those featuring THCA and other cannabinoids, have become increasingly popular under this framework, offering consumers plenty of legal options that comply with the less than 0.3% THC requirement.


The Complex Future of Hemp


However, the future of the hemp industry has recently been thrown into uncertainty by the proposed 2024 Farm Bill amendment.


This amendment, which seeks to close perceived loopholes in the original 2018 Farm Bill, would redefine hemp to include only naturally occurring, nonintoxicating cannabinoids. The amendment also proposes that all hemp products, including THCA and Delta-8 THC, must remain below 0.3% total THC. This change could effectively shutter much of the existing hemp-derived cannabinoid market, including the seed market and THCA flower market, which have been vital to the industry's growth.


For those in the vape industry, this amendment represents a potential turning point. Products that have become staples under the current legal framework might soon face new challenges, or even be rendered illegal.


The implications are vast: businesses that have built their models around hemp-derived cannabinoids could see their operations disrupted, while consumers might lose access to products they’ve come to rely on.


What Lies Ahead?


The amendment’s passage is far from certain, but its mere introduction has sent ripples through the industry.


If adopted, it could mark a dramatic shift, forcing a reevaluation of product offerings and compliance strategies. As the industry braces for possible changes, the lesson is clear: flexibility and vigilance will be key.


Although hemp fans may feel dismayed by the potential passing of the updated amendment, there appears to be a silver lining in the form of a cannabis rescheduling. If the DEA reclassifies cannabis as a Schedule III substance, the industry may experience revitalized growth due to states adjusting current laws.


Ultimately, the future of the cannabis and hemp industries is uncertain. Although hemp appears to be poised for more regulation, the cannabis market is on the brink of federal reform. Until more clear information unravels soon, hemp products are still the most accessible items across the United States.


Vape to the Future: Adapting to an Evolving Industry


The 2018 Farm Bill catalyzed a revolution in the hemp industry, opening doors to a plethora of hemp-derived products that have reshaped consumer choices and fueled innovation.


However, with the looming 2024 Farm Bill amendment, the future of this industry is uncertain. As businesses and consumers alike navigate these evolving regulations, it's more important than ever to rely on products that deliver consistent quality and compliance.


Whether you're vaping CBD, THC, or another cannabinoid, CCELL's top-tier products ensure that you experience the purest flavors and most reliable performance. Our commitment to cutting-edge technology and safety means that no matter how the legal landscape shifts, CCELL will continue to offer products that meet your needs and exceed your expectations.


As you look to the future, stay ahead of the curve, be adaptable, and vape with confidence by choosing CCELL.



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