2018 Farm Bill to Lift Federal Prohibition on Hemp Production, but State Laws May Restrict Certain Activities

14 December 2018
View Debevoise Update
Key Takeaways:
  • Earlier this week, the U.S. Congress passed the Agriculture Improvement Act of 2018 (the “Farm Bill”), which, among other things, would lift a decade old federal prohibition on the production and sale of hemp. President Trump is expected to sign the Farm Bill into law soon.
  • The Farm Bill does not preempt state law and would allow states to regulate hemp production and the sale of hemp and hemp products (including products that contain CBD) more stringently than the federal government.
  • Stakeholders (including producers, investors, lenders and others) should stay vigilant to ensure legal compliance.