Farmers’ Act 2018 And The CBD Confusion


In the wake of the 2018 Farmers’ Bill, a major controversy has sparked in the United States of America. According to the farm bill, cannabidiol has been legalized as long as it comes from industrial hemp. However, the Food and Drug Administration (FDA) thinks otherwise.

Let’s take a look at the reservations the FDA has over the legalization of hemp.

The Background

The Farm Bill of 2018 has defined hemp as a derivative of the cannabis plant with less than 0.3% tetrahydrocannabidiol (THC). This definition as provided by the farm bill includes all the plants which produce CBD oil. CBD oil has been identified as a product that is good for health.

A shift in Supervision

The 2018 Farm Bill is the first piece of legislation that has legalized hemp and has removed some cannabis from the Drug enforcement Administration (DEA) supervision. The 2014 Farm bill gave a go ahead to research to be conducted on CBD, however the 2018 farm bill has legalized the cultivation of hemp under certain regulations. This 2018 bill amended the 1970 controlled substances act and removed CBD’s supervision from DEA to the United States Department of Agriculture. According to the controlled substances act of 1970, the substances that are considered as illegal cannot be prescribed by any physician. However, cannabis is no longer part of the DEA’s list of Illegal substances.

The FDA Statement

The FDA has taken this decision very seriously. They expressed their concerns by saying that all cannabis driven products, just like any other product are subject to the rules of the FDA. They also said that any product marketed with a therapeutic claim needs to be approved by the FDA before it is introduced in the market. They further added that if a sale of any unapproved product takes place, enforcement action will be taken against them.

The FDA continues to treat cannabis under the food, drug and cosmetics act, although it has been removed from the controlled substances act of 1970. Now all the cannabis products with a therapeutic claim cannot be sold if it has not been approved by the FDA. According to the FDA, the sale of any unapproved product is illegal; and prohibited and if carried out with FDA’s permission, serious action will be taken. The FDA has strictly prohibited the use of cannabis in food and beauty products. However, the FDA has introduced numerous lawful ways to market and sell cannabis-infused products.


Although the farmers’ act has legalized the commercial cultivation of CBD and has removed it from the controlled substances act, confusion still prevails. In some states, cannabis products are being sold freely. However, some states are stricter on the matter due to the FDA’s strong stance over the issue.

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