98 N.C. L. Rev. Addendum 35 (2020)
Hemp on the Horizon: The 2018 Farm Bill and the Future of CBD

handle is hein.journals/addendum98 and id is 35 raw text is: 






Hemp on the Horizon: The 2018 Farm Bill and the Future of CBD*

    The 2018 Farm  Bill has signaled a sea change in hemp cultivation and sale in
    the United States. In addition to legalizing the crop and sketching out a
    framework for its regulation, the bill has brought some clarity to the legal status
    of cannabidiol, or CBD, a hemp-derived non-psychoactive compound that has
    become immensely  popular in recent years. In the wake of the bill's passage,
    however, the CBD  market remains  severely under-regulated, a state of affairs
    that threatens consumer safety and leaves businesses without assurance that their
    operations are legal. To ameliorate the present confusion, at least two significant
    regulatory issues must be resolved. The first concerns the U.S. Food and Drug
    Administration's current, yet largely unenforced, position that the addition of
    CBD  to ingestible products is illegal. The second involves the lack of guidance
    in the Farm Bill regarding the labeling of CBD products.


    After providing background on the history of hemp in the United States and
    detailing the 2018 Farm Bill's regulatory framework, this Recent Development
    argues that the federal government must act quickly to fill the holes in the
    legislation. In the absence of swift federal action, it contends that states will need
    to address these questions themselves. Such action is necessary to ensure
    consumer safety and make  certain that products and businesses can enter the
    CBD  industry on solid legal footing.


    The   United  States' eighty-year-long prohibition  on hemp  cultivation' has
come  to an end. On   December   20, 2018, President Trump   signed  into law the
Agriculture  Improvement   Act, most  commonly known as the 2018 Farm Bill.2
Among   the many  provisions  altering agriculture and nutrition policy within the
$867  billion package deal' are several that work together to legalize hemp  and
sketch out a regulatory scheme  for the crop's commercial production.'  With  the


     * @  2020 Shannon Smith.
     1. Congress effectively outlawed the production and sale of both hemp and marijuana in 1937
with the Marihuana Tax Act. ROBERT DEITCH, HEMP-AMERICAN HISTORY  REVISITED 150-51
(2003); David R. Katner, Up in Smoke: Removing Marijuana from Schedule 1, 27 B.U. PUB. INT. L.J. 167,
177 (2018); see Marihuana Tax Act of 1937, Pub. L. No. 75-238, ch. 553, 50 Stat. 551 (repealed 1970).
    2. Actions Overview H.R.2-Agriculture Improvement Act of 2018, CONGRESS.GOV,
https://www.congress.gov/bill/115th-congress/house-bill/2/actions  [https://perma.cc/W4E5-4PAV];
see Agriculture Improvement Act of 2018, Pub. L. No. 115-334, 132 Stat. 4490 (2018).
    3. MARK  A. MCMINIMY, CONG. RESEARCH  SERV., R45275, THE HOUSE AND SENATE 2018
FARM   BILLS (H.R. 2): A  SIDE-BY-SIDE COMPARISON   WITH  CURRENT   LAW  1  (2018)
https://fas.org/sgp/crs/misc/R45275.pdf [https://perma.cc/UX7X-YVGS].
    4. See Agriculture Improvement Act of 2018, Pub. L. No. 115-334,  10113-10114, 12619, 132
Stat. 4490, 4908-14, 5018. Other sections of the 2018 Farm Bill, which are not discussed in this piece,

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