Under the measure, retailers may legally sell “low THC hemp extract” products that possess a “certificate of analysis prepared by an independent drug testing laboratory.” The testing must confirm that the products contain no more than 0.3 percent THC. Additional packaging and labeling requirements take effect on July 1, 2018.
Hemp extract products may be “derived from or contain any part of the plant cannabis sativa L. that meets the definition of industrial hemp” and that “contains no other controlled substances.”
In 2017, lawmakers approved legislation permitting for the use of products containing at least ten percent CBD and no more than 0.3 percent THC for patients with treatment-resistant epilepsy. However, the law provided no legal supply source for these products and state police have consistently cited the law’s lack of clarity as a justification for raiding dozens of CBD retailers.
In February, justices for the Ninth Circuit US Court of Appeals heard oral arguments challenging the federal government’s contention that hemp-derived CBD products are illegal in the United States. The judges have yet to render an opinion in the matter.
For more information, contact Justin Strekal, NORML Political Director, at (202) 483-5500.