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CBD Hemp Flower – Is It Legal?

September 22, 2020 by kevinwilkerson Leave a Comment

Hemp flower is the flower but of hemp plant belonging to the Cannabis Sativa-L family. CBD is the acronym for Cannabidiol, a chemical compound (called a cannabinoid) that exists in the hemp flower plant. CBD has many useful medicinal purposes in curing epilepsy, mood disorders, anxiety, and different types of chronic pain. The hemp flower plant sometimes also contains a harmful compound called THC. Cannabis contains tiny amounts of CBD and is known to have high THC content. It is THC in cannabis which results in a euphoric high. The following place https://cheefbotanicals.com/cbd-products/cbd-flower/ is a good start if you are looking for quality hemp products.

CBD Hemp Flower: Legal or not Legal?

The legal position on the cultivation, processing, marketing, and use of hemp flower differs from every country. We discuss the legality in a few countries below; 

The United Kingdom

In the UK, it is legal to grow hemp but only if the grower has a government license. The license is granted only after the grower provides correct information on seed type, the percentage content of THC and satisfy the authorities that the seed is EU approved. 

There are certain restrictions placed on hemp growing, for example, the farm must not be near schools, clinics, or other public buildings. In 2017, the Government recognized CBD oil as a legal medicine. A government agency, the Medicines and Healthcare Regulatory Agency (MRHA) classifies CBD as a medical ingredient provided it meets their standards. 

Hemp Flower  in Europe

In most countries that are in Europe, the marketing of CBD is permitted but only if the hemp extract is not more than 0.2% of THC, the cannabinoid which gives users a euphoric high. Even though the sale of CBD is permitted, in the UK for example, no licenses to traders have yet been issued. However certain chain stores, such as Holland and Barret sell these products as food ingredients.

The British Hemp Association and other organizations are actively promoting the growing, processing, and marketing of Hemp and its products. These Associations sponsor research into hemp at Universities and colleges. A lot of Universities around the world are currently carrying research around the Hemp plant. 

To sum up, in Europe, the growing, processing, and marketing of Hemp plant and CBD oil are permitted, except for a few restrictions outlined in the above paragraphs.

South Africa

The situation in South Africa is very different than that in the Western world. In South Africa, we have not heard of a  formal distinction or difference between hemp and cannabis. It seems very likely that any future rulings on the legality or illegality of Cannabis in SA will also apply equally to hemp. In 2018, the SA Constitutional Court ruled that it was legal for a private person to use cannabis, as long as they did it in the privacy of their home. The same applies to the private use of hemp since no distinction was made between the two.

United States of America – Their Perspective

In the U.S., the fight to legalize hemp flower and CBD oil has been a hard one. The basic problem was the inability to differentiate between hemp and cannabis. As recently as 1970, hemp, together with cannabis and ‘hard’ drugs like LSD and heroin, was classified as a Schedule 1 substance making its growing, processing, and marketing illegal. 

There was a gradual change, however, and just before 2000, the US began buying from other countries hemp seed and CBD oil for local use. During the same decade, the US Health and Human Services Department successfully filed a patent on cannabinoids. In 2004, in a landmark ruling, (Hemp Industries Association Vs DEA), the US court made it legal to sell seed-based hemp foods in the whole country. Three years later, hemp-growing licenses were awarded to farmers in the State of North Dakota.

The final victory in the long fight for legalization took place in 2014. Former President, Barack Obama legalized the Farm Bill. This landmark law gave full permission to hemp research institutions to research all areas of hemp production. This particular Bill, for the first time, legally distinguished hemp from cannabis made it possible for interested stakeholders to cultivate, process, and market hemp anywhere in the USA. In 2018, the US Food and Drug Admin formally approved the use of CBD medicine, Epidiolex.

Conclusion

CBD hemp flower cultivation, processing, and marketing are becoming popular and legal in many countries around the world. In almost all countries where the cultivation and sale of hemp are allowed, the law requires that law enforcement officials be informed of any cultivation taking place.

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