Hemp CBD Across State Lines: Tribal Plans
The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (“CSA”) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (“USDA”) regulatory authority over hemp cultivation at the federal level. In turn, states and Indian tribes have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA (Note: The terms “Indian” and “tribes” are used in this post following the 2018 Farm Bill’s usage; it is also worth noting that the term “Indian law” is used by the Washington State Bar Association and the Oregon State Bar, among others).
This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. Our attorneys track these developments in real-time on behalf of multiple clients, and we provide a 50-state matrix showing how