Authorized Opinions Issued by the USDA Affirm the Roundtable’s Place


We’re excited to share main information – counsel for the USDA issued an necessary authorized opinion that clearly establishes the legality of hemp and its interstate transportation.


Regardless of passage of the 2018 Farm Invoice final December, questions continued to be raised by some legislation enforcement officers about hemp’s legality, and particularly the timing of the Farm Invoice’s impact.  Some had argued that hemp’s legality is on maintain till the USDA points its formal laws, that are anticipated on the finish of this 12 months in time to plan for the 2020 planting season.  Certainly, you could do not forget that again in February, Idaho officers seized hemp transported by way of that state that had been legally cultivated below Oregon’s hemp pilot program, whereas in West Virginia, the US Lawyer had claimed that hemp seeds couldn’t be imported from a Kentucky pilot program.  In each circumstances, Roundtable counsel intervened.


Yesterday, the USDA confirmed the Roundtable’s place.


As mentioned in detailed right here, the USDA’s Workplace of Normal Counsel issued a proper authorized opinion (full PDF right here).  Amongst its key conclusions:

  • As of December 20, 2018, hemp is not a managed substance. Interval. Full cease.
  • Whereas states have the appropriate to ban the cultivation of hemp inside their borders, state and native legislation enforcement officers MAY NOT intrude with the interstate transportation of hemp – whether or not that hemp was grown in a 2014 Farm Invoice-authorized pilot program, or in a future 2018 Farm Invoice-authorized state hemp program.
  • The Roundtable’s arguments within the Idaho and West Virginia federal courts had been legitimate as a matter of legislation.


In a separate opinion, the USDA confirmed the rights of Indian tribes to develop hemp in the course of the 2019 planting season.


Mixed with the information earlier from the TSA – confirming that hemp-derived CBD could possibly be transported on airplanes – this has been an historic week for hemp, every week that may conclude on Friday when the Roundtable’s Normal Counsel Jonathan Miller will testify earlier than the FDA’s first public listening to on CBD.  Keep tuned for extra developments.



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