Is Hemp Flower Legal?

Is Hemp Flower Legal?

Yes, hemp flower is legal under the 2014 Farm Bill Act section 7606, the Consolidated Appropriations Act, section 763 (2016) and is “notwithstanding” under the controlled substances act.  On a state level we are seeing opinions of the state being released regarding cbd, but not supported by new legislation on the state level.

Exercise responsibility when using this hemp cannabis product.  This flower looks, and smells the same as marijuana, therefore be responsible with possessing this type of item.  BtownCBD.com is not responsible for anyone seizing this product, being detained, incarcerated or fined for processing this legal hemp flower.  Each customer is purchasing and using at your own risk.

Notice to law enforcement professionals:  The product on this web page might resemble marijuana, however it is legal industrial hemp flower. This historic legislation establishes the legality of industrial hemp produced in state pilot agricultural programs. Congress provides the requisite definition for allowable amounts of THC. industrial hemp’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis”. A critical legal distinction is located in the first sentence of the bill, stating: “Notwithstanding the Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or any other Federal law”. The term “notwithstanding” was widely used by the 114th Congress as a way to substitute previous legislation which could be applicable, not having to overturn legislation. This affirms industrial hemp cannot be considered “marijuana” under the controlled substance act.

Consolidated Appropriations Act, Sec. 763 (2016)  This legislation was the omnibus federal budget for FY2016. According to 7 U.S.C. §5940, the term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol (Delta-9 THC) concentration of not more than 0.3% on a dry weight basis. Further more only the Delta-9 THC level is applicable, not THCA, this hemp flower has a Delta-9 THC level on a dry weight basis equal to 0%, well below the 0.3% maximum level and, therefore, this flower is hemp, not marijuana, and is perfectly legal to possess and sell. This right applies in any state pursuant to the Full Faith and Credit Clause, Article VI, Section 1 of the Constitution, the Supremacy Clause, Article VI, Section 2 of the Constitution, and the Equal Protection Clause, Section 1 of the Fourteenth Amendment.

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