Hemp Legality: Farm Bill, State Law, & Vapes Explained

The legal landscape surrounding hemp is arguably the most complex area of the cannabis industry. While the 2018 Farm Bill appeared to clear a path for lawful commercialization, a patchwork of state laws and the rise of new cannabinoids have created significant confusion. For our customers and partners, navigating this territory requires reliable, expert-backed information.

We drafted this guide to clearly explain the foundational Federal law and illustrate how State regulations—including the latest changes, such as those in California—continue to shape the market. Our goal is to provide comprehensive answers to common questions like "Is hemp legal to sell across state lines?" and "What are the current federal hemp laws on products like vapes?"

The Foundation: How the 2018 Farm Bill Revolutionized Hemp Legality

The Agriculture Improvement Act of 2018, widely known as the 2018 Farm Bill, marked a monumental shift for the U.S. hemp industry. It formally legalized the production of industrial hemp as an agricultural commodity in the United States, completely removing it from the Federal definition of marijuana under the Controlled Substances Act (CSA) ¹. This reclassification paved the way for legitimate hemp businesses to operate and grow across the country.

Defining "Legal Hemp": The Crucial 0.3% Delta-9 THC Threshold

The most important takeaway from the 2018 Farm Bill is its specific, measurable definition of "hemp." The entire framework hinges on this single metric: the delta-9 THC limit.

The law defines hemp as the Cannabis sativa L. plant and its derivatives—including extracts, cannabinoids, and isomers—with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis ². This threshold is the defining difference: any cannabis material exceeding this limit remains classified as illegal marijuana. The term "dry weight basis" is a technical yet vital metric, central to measuring THC content for compliance. This clarity directly addresses the consumer intent behind searches like "what is the 0.3% THC rule explained" and confirms the legal status of hemp as an agricultural crop.

The FDA and Hemp-Infused Products: Federal Silence and Market Reality

While the USDA governs hemp cultivation, the 2018 Farm Bill explicitly stated that it did not impact the authority of the Food and Drug Administration (FDA) to regulate products containing hemp or hemp derivatives under the Federal Food, Drug, and Cosmetic Act (FDCA) ³. This has created significant regulatory uncertainty.

The FDA maintains that introducing CBD (or THC) into interstate commerce as a food additive, beverage, or dietary supplement ingredient is currently unlawful. Despite this, the widespread market for hemp-infused beverages and edibles operates primarily through regulatory forbearance. Many manufacturers bypass direct FDA approval by relying on the exclusion for ingredients deemed Generally Recognized As Safe (GRAS), such as hulled hemp seeds or hemp seed oil, or by adhering to strict, emerging state-level regulatory schemes. Understanding this distinction is crucial to assessing the legal risk of selling hemp-infused beverages nationwide.

The Core of the Loophole: The Rise of THCA and Delta-8

The most complex regulatory challenge stems from the 2018 Farm Bill's narrow focus on regulating only Delta-9 THC content. This narrow definition inadvertently enabled the market for intoxicating hemp products like Delta-8 THC and THC-A (tetrahydrocannabinolic acid).

THC-A Dynamics: Our clients, and many others, utilize THC-A because it is a non-intoxicating precursor to Delta-9 THC. Critically, regulatory compliance currently measures THC-A before it is heated (decarboxylated). This is why you see products legally marketed with low Delta-9 but high THC-A potential, confirming the THC-A legal status is tied to pre-decarboxylated measurement methods.

Intoxicating Effect: When heated or ingested, THC-A converts directly into Delta-9 THC, producing an intoxicating effect. This is precisely what created the legislative gap, often referred to with terms like "hemp loophole" and prompts the question of "are THCA products federally compliant?" (Yes, based on the statutory text; no, based on regulatory spirit).

The State of Play: Hemp Legality by State

The Federal legalization of hemp established a ceiling, but individual states and Tribal governments were granted the authority to enact stricter regulations, creating a complex patchwork of rules. This means businesses must operate according to the most restrictive law that applies (Federal, origin State, or destination State).

State-Level Crackdowns and Bans on Intoxicating Hemp Products

State governments have responded rapidly to the proliferation of these intoxicating products, enacting bans or stricter controls. These state laws often focus on closing the "hemp loophole" by regulating the intoxicating effects rather than just the Delta-9 origins.

A leading example of this legal clarification is California, which has directly targeted intoxicating hemp and inhalable products in its recent legislation:

Intoxicating Hemp Defined: California's SB 378 explicitly defines an intoxicating hemp product to include "an inhalable hemp product with a detectable THC concentration" .

Licensing Requirement: The law further states that the sale of intoxicating hemp products and THC-containing inhalable hemp products is unlawful to sell without a license from the state's cannabis regulatory body ⁴.

This directly complicates products like THCA flower or vapes. For instance, any question like "Is shipping THCA flower to California legal?" must account for this strict local requirement against inhalable products with detectable THC. This underscores the importance of monitoring state-by-state hemp law changes.

Conclusion: Our Commitment to Clarity and Compliance

The world of legal hemp is constantly shifting, combining agricultural law, food and drug regulation, and postal policy. We understand that navigating state-by-state hemp law changes while managing the emergence of intoxicating products like THC-A is challenging.

Our commitment is to transparency and compliance, ensuring every product we offer meets the relevant legal benchmarks. Do you have specific questions about our THC-A beverages or the legality of hemp shipments to your state?

Ready to see our products that are fully lab-tested and compliant with Federal law? Browse our selection now.

Footnotes

1. H.R.2. Agriculture Improvement Act of 2018. P.L. 115-334. Signed Dec. 18, 2020. Section 12619.
2. H.R.2. Agriculture Improvement Act of 2018. P.L. 115-334. Signed Dec. 18, 2020. Section 297A.
3. H.R.2. Agriculture Improvement Act of 2018. P.L. 115-334. Signed Dec. 18, 2020. Section 297D.
4. CA Senate Bill 378. Online marketplaces: illicit cannabis: reporting and liability. Passed Oct 06, 2025. Sec. 22944.
5. S.1147 - PACT Act. P.L. 111-154. Became Law Mar 31, 2010.