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Is Hemp Legal In all 50 States?

Hemp Farm Collective Team • Oct 26, 2021

The Federal Government Says Yes...The States, Not So Much

The world of industrial hemp is an unfortunately confusing one. With many countries actively exploring the limitless possibilities of hemp, the world is opening up to the hemp-centric future of the global economy. In the United States, the 2018 amendment to the Farm Bill allowed for industrial hemp to be grown, produced, and processed in all 50 states. Since that change, however, individual states have struggled to come to consensus about the legality of hemp and the economic futures it holds. So is hemp legal in all 50 states? Let’s take a look.

At the root of the answer to
is hemp legal in all 50 states? is an unfortunate “no”. Despite its federal legalization, individual states have still outlawed industrial hemp. Thankfully there is an optimistic “but” after that “no”.

No, hemp is not legal in all 50 states,
but most states have legalized or are planning to legalize the growth of hemp. Before the legalization of the growth of hemp comes the legalization of the transportation of hemp and its byproducts throughout every state.

Currently,
only Idaho has yet to decriminalize the cultivation of hemp. Every other state in the United States has at least begun to work with farmers and legal experts in order to allow for the exploration of industrial hemp. In Idaho, even farmers from other states cannot transport their products through the state without risking being stopped and losing the whole of their crop – if not having their drivers detained by police. Many other states have limits imposed upon the amount of hemp which can be transported both for personal and commercial purposes, but Idaho is still working towards passing a bill which satisfies even the state’s most conservative pundits. 


Currently,
Nebraska also heavily restricts the transportation of hemp as well. Despite this heavy degree of restriction on interstate commerce through Nebraska, the state is slowly decriminalizing possession of hemp and is piloting programs in order to allow for the growth of industrial hemp within the heavily regulated agricultural market.

Similar to Nebraska, Mississippi had only begun to allow the growth of industrial hemp within the state in June of 2020, meaning that pilot programs are only now beginning to take hold. Hemp products are largely decriminalized in Mississippi, despite initial hesitation from the state to allow for the future of industrial hemp to be explored.


The only other outlier to the legality of cultivating or producing hemp and hemp products is
the District of Columbia. Washington DC currently does not allow for the growth of hemp within District limits – but this is largely due to the fact that Washington DC does not have agricultural space that would allow for the growth of hemp. It is, however, legal to produce and commute hemp products throughout the district.

While we wait for the final few states to allow for the exploration of the hemp industry, getting started with your own hemp business should not be just a goal or pipe dream. Whether you’re just getting started or readily expanding your hemp-based business, the Hemp Farm Collective should be your go-to for securing consistently high-quality hemp and hemp products. To learn more about who we are and what we do –
contact us today!


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