Is hemp flower legal? It depends on where you’re at. Risk levels vary in this ‘grey’ market trend.
Words like green and gold may be used to describe the hemp flower market, but the truth is, it’s grey. In isolated circumstances, hemp flower can be “not-illegal” in certain jurisdictions. This is primarily controlled at the state level, similar to other cannabis derived product markets.
Importantly, everybody in the hemp industry knows that smokable flower has been the driving sales force for farmers over the last few years. When given the choice between hundreds of dollars per pound, or dozens, the farmer is going to chose hundreds almost every time.
State Hemp Flower Legal Precedent 2019
First, you have Indiana, where the state legislature tried to ban hemp flower sales. A link to a story about this event is on our news page. Long story short, advocates from industry banded together to challenge the ban. Subsequently, the federal judge agreed that the ban was in fact unconstitutional.
Other states such as Kentucky, Louisiana, Texas, and North Carolina have their own hemp flower battles they’re trying to win.
How is Hemp Flower Legal?
Just because hemp flower products are largely exempt from federal and state oversight, it does not exempt hemp flower brands from legal liability. It is important for businesses and regulators to take this industry seriously to protect customers, farmers, and everybody in between.
Importantly, the 2018 Farm Bill removed legally produced and department approved hemp from the Controlled Substances Act. Secondly, states have adopted responsibility to regulate hemp products within their state. Additionally, if the state or locality does not restrict hemp flower sales, then hemp flower sales are legal.
This labyrinth of “what if” scenarios pose legitimate risks to customers and businesses. For example, the implementation of federal labeling requirements for other smokable products have had positive impacts on public health.
In the same breadth, federal supply chain requirements for other smokable products have curbed product diversions to the black market. Hemp flower brands in most states are not subject to sanitary inspections, spot inventory testing, or contaminant testing.
There are safe ways to sell and consume hemp flower. In conclusion, customers should always proceed with caution when buying hemp flower from new sources.