Hemp legalization under the 2018 Farm Bill unleashed unexpected markets for the crop. One unexpected market: people are consuming hemp the way they often consume its higher THC cannabis cousin—by smoking it.
The Farm Bill defines hemp as cannabis with a THC content that doesn’t exceed 0.3 percent. With THC levels this low, smokers aren’t getting high on hemp. Some are using it as a tobacco alternative, while others are seeking the CBD, a compound marketed for therapeutic effects, like reducing anxiety—although scientific research has yet to conclusively back this claim. Farmers are excited about pre-rolled hemp because it doesn’t require a processor between them and the consumer, for example, as a CBD oil would. Also, hemp flower fetches a good price, compared to common crops like corn or wheat.
The challenge for state regulators, lawmakers, and law enforcement, however, is that hemp pre-rolls look like joints.
The landscape of states with laws allowing and outlawing smokable hemp looks like a checkerboard. Some states are giving the market the okay. In February, Virginia lawmakers affirmed that it’s legal for people aged twenty-one and up to smoke hemp. A bill in Tennessee last year only bans the sale of smokable hemp to minors. And in Arkansas, local entrepreneurs have found a loophole to meet consumer demand: while the state does not allow local hemp growers to sell flower directly to retailers or customers—they must sell to processors who turn who can turn it into products like CBD oil—retailers are selling out-of-state smokable hemp products. State Rep. David Hillman, R-Almyra, who sponsored Arkansas’s hemp legalization bill, told the Arkansas Democrat-Gazette it wasn’t his intention to cut Arkansas farmers out of this market. Hillman plans to fix this in the 2021 session.
Meanwhile, other states are not as open to the idea. Texas’s 2019 law allowing hemp production bans the manufacturing of smokable hemp. Louisiana bans the sale of hemp “for inhalation” and Kentucky doesn’t allow the sale of hemp in cigarette or cigar form (A bill in the Kentucky General Assembly this year to remove this ban failed to get any traction before the session ended). The South Carolina Attorney General said in an opinion last year that he’ll leave it up to law enforcement to determine if hemp flower is considered unprocessed and thus illegal to sell. Some retailers in the state decided to err on the side of caution and remove raw hemp from their shelves in the wake of the opinion. A bill in the South Carolina House would have removed the ban on the sale of raw or unprocessed hemp. The General Assembly adjourned on May 12 after a COVID-19 related break, but could be back for a special session in the fall.