Is it Legal to Buy and Sell Hemp Flowers?

Is it Legal to Buy and Sell Hemp Flowers?

Hemp flowers are unprocessed buds from the hemp plant. The hemp plant is a species of the Cannabis sativa plant that is often grown for industrial purposes. Hemp flowers can be processed to produce hemp oil or CBD oil or can be used in their natural form. Hemp flowers can be used almost identically to other Cannabis sativa products. The key difference between hemp flowers and Cannabis sativa is the concentration of THC, as hemp flowers have approximately 0.3% less THC when compared to cannabis. THC, which is the psychotropic compound in hemp flowers and Cannabis sativa, affects the mental state of individuals who use these products, which explains the existence of laws governing buying and selling of these products.

Laws and State Rules Related to Buying and Selling Hemp Flowers

In the United States, hemp flowers and CBD oils derived from hemp flowers can be bought and sold under strict restrictions. The laws related to buying and selling hemp flowers in the US can be found under the 2018 Farm Bill, which legalized hemp as an agricultural crop in 2018. The restrictions associated with buying and selling wholesale CBD flowers and hemp flowers in the US include:

Having a THC level of less than 0.3%

While the hemp plant is one of the species of the Cannabis sativa plant, its legalization was based on the low amount of THC (0.3%) contained in hemp flowers. Other Cannabis sativa strains with THC levels exceeding 0.3% are still considered illegal products. Cannabis plants that contain a THC level that surpasses the 0.3% mark are considered non-hemp under federal laws. As such, individuals can buy and sell hemp flowers, CBD oils, or hemp oils that have a THC level of less than 0.3%.

Shared State-Federal Regulations

There are shared state-federal regulations that govern the production and selling of hemp flowers and oils contained under section 10113 of the Farm Bill. A state plan to offer licenses and regulate the production or distribution of hemp products can only be approved after the state has consulted with the secretary of the United States Department of Agriculture (USDA). In states that do not have state regulations against hemp plant cultivation and selling of hemp products, individuals interested in such businesses must apply for federal licensure and comply with federal laws.

Different states have different regulations. For instance, in Texas, while hemp flowers and oils have been legalized under the House Bill 1325, manufacturers, distributors, and sellers of hemp products are required to register their details under the DSHS retail hemp registration or obtain the consumable hemp product license.

Violation of Hemp-Related Laws

Violation of the laws related to the control of hemp flowers and products is punishable by law. Violations of these laws include the cultivation or selling of hemp products without a license or producing CBD oils that have more than 0.3% THC. The punishments for violations of these laws differ from one state to the other.

Licensure

Individuals interested in producing or selling hemp flowers must ensure that the dry mass of their hemp flowers has less than 0.3% THC. During the application of their license, individuals are required to state their purpose of obtaining the license. The reasons can include research, standard or micro cultivation, nursery, sales for medicinal purposes, and analytical testing. They must also obtain an industrial hemp license from their state or the federal government. Obtaining the industrial hemp license allows license holders to sell the hemp flowers, leaves, or branches to licensed cannabis processors who can then extract the CBD oil. The license also allows them to import or export hemp flowers under strict regulations.

Although there are serious restrictions in the United States linked to hemp and its products, buying and selling hemp flowers is legal. Individuals interested in buying or selling hemp flowers, hemp oil, or CBD oil should review their state laws to determine the specific state laws linked to hemp flower production and distribution. It is also essential to obtain a license if you are planning to sell hemp flowers to avoid violating state and federal laws.

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