Is Growing Hemp Legal? Everything You Need to Know

Did you know that there are over 25,000 identified uses for hemp? It provides a cheaper, higher-quality, and more environmentally-friendly alternative to many everyday products. 

Even though it’s one of the most versatile natural resources, there is still a lot of confusion surrounding hemp. 

For anyone who has been wanting to break into this booming industry, it is especially important to know the laws. Is growing hemp legal in the US in the first place? Hint: yes it is, but there are stipulations. We will be talking about this in further detail, as well as which states are more hemp-friendly than others. 

In this article, we will give readers a crash course about this misunderstood plant. 

What is Hemp?

Biologically speaking, hemp falls under the Cannabis sativa family of plants. More specifically, hemp refers to varieties of Cannabis that contain less than 0.3% of the cannabinoid tetrahydrocannabinol (THC).

Hemp is commonly divided into four main parts: bast fibers, hurds, leaves and flowers, and seeds. Every inch of the plant is utilized. 

What is Hemp Used for?

The practical applications for hemp abound. 

Hemp is often described as the world’s strongest natural fiber. It was one of the very first plants spun into usable material, discovered in cloth from Mesopotamia dating back to 8000 B.C.  

Aside from textiles, hemp can produce superior substitutes to plastic and building material that is both stronger and lighter than wood. Hemp paper and toilet paper is less toxic to manufacture and more recyclable. It is also more economical, as 1 acre of hemp yields the same results as 2-4 acres of trees or cotton. 

Hemp seeds contain a nutritious protein that can take the place of soy. It can also be ground into a flour. Oil derived from hemp seeds has a whole other set of uses too, including paint, detergent, ink, and varnish. Topping off the list is the potential for hemp to become a primary source of clean-burning ethanol fuel.  

A Brief History of Hemp Legislation  

For hundreds of years, hemp was a common American crop. Growing hemp was mandatory in the 1600s in Jamestown – England’s first North American Settlement. King James ordered every property owner to grow 100 plants for export, with hemp used for canvas on British ships. Even President George Washington referenced the hemp plant in his writings.

That all changed with the Marihuana Tax Act of 1937. Although it didn’t technically become illegal, it inadvertently made industrial hemp less viable to produce, import, and export. 

In the 1970s the US government declared the ‘War on Drugs’, banning hemp for decades with the Controlled Substances Act. It was further reinforced in the 1980s with President Ronald Reagan expanding policies of the Nixon administration. 

Is Growing Hemp Legal Now?

Legislatively, all Cannabis plants (including hemp) held the same definition up until 2018. With the Farm Bill, a new classification system was enacted at the federal level. 

Hemp is now federally legal. The Farm Bill allows for the general cultivation of hemp, as well as the possession, transport, and sale. However, just because it’s now technically legal does not mean it can be grown and sold by just anyone. 

There are many specific rules and criteria surrounding hemp cultivation. Aside from a maximum level of 0.3% TCH content, hemp growers must be licensed by the state in which they live. As states are in charge of their own legislation on the matter, this leads us to our next point.

What are the Best and Worst States To Grow Hemp?

Only 17 states have passed legislation specifically pertaining to hemp. In all the rest, marijuana laws are still the default. For this reason, some states are much ‘friendlier’ than others for growing hemp. 

Among the best states to grow hemp are Colorado, New York, and Oregon due primarily to their straightforward licensing processes.

Prohibitive (and in some cases, impossible) laws make Idaho, Mississippi, and South Dakota three of the worst states to grow hemp. 

How To Grow Hemp

Hemp is a durable, frost-tolerant plant that can withstand the climate of all 50 states. It requires only moderate water and fertilizer, without the use of any pesticides.

Hemp seeds are ideally planted between April-June in maximum exposure to sunlight. Hemp grows rapidly, with seeds sprouting between 5-10 days after planting. Plants are ready for harvesting 8-16 weeks later. 

Hemp clones are an alternative option to seeds. A clone is when a cutting is taken from the stem or tap-root of a mother plant and later grows its own root system. This process ensures an identical makeup to the original plant, so only the healthiest plants are chosen. 

There are pros and cons to both seeds and clones. Plants grown from seeds grow a ‘tap-root’, which penetrates deeper into the soil for more water access. Seeds are easy to store and last a long time. Due to decades of prohibition, though, there are inconsistent genetics in seeds. 

Hemp clones can be chosen to optimize the growing climate and desired end product. As clones are always taken from female plants, there are no issues of gender identification or pollination. On the other hand, clones have a weaker roots system – they lack the tap-root and branch out laterally instead. They can also inherit diseases from the mother plant. 

Get Out There and Grow

There are few plants (if any) that are as versatile and environmentally sustainable as hemp. Its uses span from building materials to food to bio-fuel and everything in between.

From the earliest settlers to our Founding Fathers, hemp played an essential role as a cash crop in the United States. While misrepresented in recent decades, new legislation is finally re-opening doors and creating new opportunities.  

If you’ve wanted to get started with hemp, we hope we’ve answered the most critical question: is growing hemp legal? Now it’s time to dive into this booming industry. 

Stay tuned to our blog for a steady supply of informative articles like this!