Hemp University Canna-Cation Series 2025 I: Breaking Down the 2018 Farm Bill & What it Means for Hemp

Breaking Down the 2018 Farm Bill and What It Means for Hemp

The 2018 Farm Bill was a game-changer for the hemp industry, opening doors for hemp-derived products and setting the stage for the booming market we see today in Texas, the South, and many states where traditional marijuana is still illegal. But what exactly did this legislation change at the federal level, how has it effected Texas, the South and other states, and why does it matter for consumers, businesses, and lawmakers? Let’s make it Eazy. 

What Is the 2018 Farm Bill?

The Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill, is a federal law that redefined hemp and its legal status in the U.S. Signed into law on December 20, 2018, under the first President Donald Trump administration, the bill removed hemp from the Controlled Substances Act and gave it a legal distinction from marijuana. While there are dozens of cannabinoids, the United States Government only recognizes Delta9 THC as illicit under federal and most state law, the rest fall under hemp (do I see a loophole??). 

How Did the 2018 Farm Bill Change Hemp Laws?

The bill made three major changes that impacted the hemp industry:

1. Legalized Hemp at the Federal Level

Before 2018, hemp was classified as an illegal substance under the Controlled Substances Act. The Farm Bill officially removed hemp and all its derivatives from the list of controlled substances, meaning that it could be grown, processed, and sold legally in the U.S. – with some restrictions. The moved was aimed at to increase the farming and agricultural industry across the United States, as well as furthering a burgeoning hemp retail market. 

2. Defined Hemp vs. Marijuana

Under the Farm Bill, hemp is defined as cannabis containing no more than 0.3% Delta-9 THC by dry weight. Any cannabis plant exceeding this threshold is still considered marijuana and remains federally illegal. This definition is crucial because it legally distinguishes hemp-derived THC products from traditional marijuana. This means that now, under federal law, hemp--derived cannabinoids are fully legal; THCA, THCP, THCV, THCJ, HHC, etc. The list goes on and on.....

3. Allowed States to Regulate Hemp Production

While hemp was legalized federally, states were given the power to regulate hemp cultivation and sales within their borders. Some states embraced the change, while others implemented strict regulations or outright bans on certain hemp-derived products like Delta-8 THC and THCP. Many states are currently grappling with how to legislate the industry as on one had has created a multi-billion market within their state but on the other see the desperate need to provide some regulation and oversight as these are psychoactive products. This is where THC Eazy is here to help!! 

What Does This Mean for Hemp-Derived THC Products?

Thanks to the 2018 Farm Bill, hemp-derived cannabinoids like Delta-8 THC, THCP, and THCA have gained massive popularity. Since these compounds are derived from legal hemp, they exist in a legal gray area, allowing them to be sold in states where marijuana remains illegal like Texas and most Southern states. However, state laws continue to evolve, so staying informed is crucial. Texas is currently debating a piece of legislation that would outright ban the sale of all THC products, regardless of derivation. 

Challenges and Legal Loopholes

Despite its benefits, the 2018 Farm Bill created some legal confusion and challenges:

• State Bans: Some states have restricted or banned certain hemp-derived THC products, citing safety concerns and regulatory gaps. Most states with outright bans are within states where marijuana is legal and thus done to protect the marijuana industry. Other states include Utah, Idaho, Montana, and North Dakota. 
• Lack of FDA Regulation: The FDA has not fully regulated hemp-derived cannabinoids, leading to inconsistencies in product quality and labeling.
• Upcoming Farm Bill Changes: Lawmakers are currently debating potential revisions to the Farm Bill, which could impact hemp laws moving forward.

Why This Matters for Consumers and Businesses

For consumers, the 2018 Farm Bill opened up access to legal hemp products, but it also means navigating an evolving legal landscape. Understanding the laws in your state is essential.
For business owners, the bill created opportunities for hemp-derived product sales, but compliance with federal and state laws is critical to staying in business. For example, in THC Eazy's home state of Texas, hemp-derived THC has created an $8B market overnight allowing many to take advantage of the burgeoning enterprise. However, a THC ban is being litigated in 2025 Texas Legislative Session. Stay tuned to THC Eazy for more information. 

The Future of Hemp Under the Next Farm Bill

The next Farm Bill update is expected in 2024-2025, and there is growing debate over whether lawmakers will tighten restrictions on hemp-derived THC products or further expand the industry. Advocates are pushing for clearer federal regulations, while opponents argue for stricter controls on high-potency hemp products.

Final Thoughts

The 2018 Farm Bill changed the hemp industry forever, but the legal landscape continues to shift. Whether you’re a consumer or a business owner, staying informed about state and federal regulations is key to understanding your rights and responsibilities.

Stay tuned for more in our Hemp University Canna-Cation Series 2025, where we’ll continue breaking down important laws, cannabinoids, and industry trends. Got questions? Drop them in the comments—we’re here to help you navigate the world of hemp!