The Turning Point: The 2018 Farm Bill
For decades, all cannabis was classified as a Schedule I controlled substance in the United States — illegal at the federal level regardless of THC content. The Agricultural Improvement Act of 2018 (Farm Bill) changed this fundamentally.
Under the 2018 Farm Bill:
- Hemp is defined as Cannabis sativa with ≤ 0.3% THC on a dry weight basis
- Hemp is removed from the Controlled Substances Act
- Hemp can be legally cultivated, sold, and transported across state lines
- CBD derived from hemp is federally legal
US State-by-State Variation
While federal law permits hemp-derived CBD, states have authority to impose additional restrictions:
| Category | Examples |
|---|---|
| Fully permissive (follow federal law) | Most US states |
| Additional labelling requirements | California, New York |
| Restrictions on ingestible CBD | Some states limit CBD in food/beverages |
| Stricter THC thresholds | Some states require 0% detectable THC |
Always check your specific state's Department of Agriculture or Health website for current rules.
European Union
The EU has a patchwork of national laws, but the general framework is:
- Hemp cultivation permitted with EU-approved varieties containing ≤ 0.2% THC
- CBD is classified as a Novel Food by the European Food Safety Authority (EFSA), requiring pre-market authorisation for food and supplement products
- Novel Food applications are underway for major CBD producers
- Topical CBD products generally face fewer regulatory hurdles than ingestibles
| Country | Status |
|---|---|
| Germany | Legal; CBD products widely available; moving toward broader cannabis reform |
| Switzerland | ≤ 1% THC threshold (more permissive than EU standard) |
| UK | Post-Brexit; CBD is legal but under strict Novel Food framework |
| France | Complex; CBD flower sales restricted; extracts more permissive |
| Netherlands | CBD products legal; cannabis policy being revised |
Key Terms to Know
| Term | Definition |
|---|---|
| Farm Bill compliant | Hemp product meeting US federal ≤ 0.3% THC standard |
| Novel Food | EU classification requiring safety assessment before sale as food |
| Schedule I | US drug classification meaning no accepted medical use and high abuse potential — hemp was removed from this in 2018 |
| COA | Certificate of Analysis proving THC content is within legal limits |
| USDA certified organic | Hemp grown to USDA organic standards — the gold standard for US hemp |
What This Means for Buyers
- In the US: Buy products labelled "Farm Bill compliant" with a COA showing ≤ 0.3% THC
- In the EU: Look for Novel Food notification or application status from the brand
- International travel: Research destination laws before packing hemp products
- Drug testing: Even legal hemp can cause a positive result — use broad-spectrum or isolate products if tested for THC at work