Hemp

What is Hemp?

Hemp is the same plant as cannabis and marijuana. Depending on how it is grown, it is indistinguishable by sight or smell. The only difference, legally, is the amount of THC in the plant. The THC levels can only be accurately determined by laboratory testing. Hemp is defined as having no more than 0.3% THC. Hemp has multiple industrial uses including food, rope, fiber, oil, paper, and building materials. In recent years, hemp has quickly gained attention as a source for cannabidiol (CBD).

Hemp had previously been classified a Schedule 1 drug, despite it’s low THC content. That changed with the 2018 Farm Bill which descheduled hemp . Hemp-derived CBD is currently the subject of ongoing federal rulemaking and the states have a patchwork of regulatory policies on CBD.

Growing Hemp in Massachusetts

The Commonwealth of Massachusetts Department of Agricultural Resources (MDAR) oversees the state’s Industrial Hemp Program. MDAR is responsible for licensing growers and processors, Inspection of grow sites and facilities, testing and certification to ensure that the hemp does not have more than 0.3% THC. Hemp that tests over the limit is destroyed.

CBD in Massachusetts

MDAR and the Department of Public Health (DPH) have issued policies prohibiting the sale of:

  • any food product containing CBD

  • any CBD product making medical/therapeutic claims

  • hemp as a dietary supplement

  • raw plant/flower meant for end use by the consumer

Legal Needs for Hemp Growers/Producers

Just because it’s legal doesn’t mean you don’t need legal services. Hemp farmers will need to address:

  • Applications and licenses to obtain;

  • Ongoing compliance needs;

  • Testing for THC and pesticides;

  • Uncertainty of changing federal regulations;

  • Inconsistent laws and policies from state to state, and town to town.

  • CONTRACTS for:

    • Seeds/seedlings/clones

    • Purchase and sale of flower and biomass