The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA.
This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. Our attorneys track these developments in real-time on behalf of multiple clients, and we provide a 50-state matrix showing how states regulate hemp and hemp products.
In light of the rapidly evolving legislative changes, we are also presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (Hemp CBD). Today we turn to Wyoming.
The USDA approved Wyoming’s hemp production plan on February 20, 2020. It’s a fairly straight forward plan under the 2018 Farm Bill. Wyoming’s Department of Agriculture (WDA) oversees the state’s hemp program, licensing both producers and processors. The plan addresses production and processing hemp but does not address licensing for retailers of Hemp CBD products. However, there is some oversight of hemp processing and hemp products. Hemp processors must retain records of: 1) all hemp products they make, 2) test results for hemp products, and 3) buyers or recipients of hemp products. In addition, processors must supply a unique batch number for hemp products they manufacture. At all times, processors must have records on the total amount of hemp products on hand.
As stated above, there does not appear to be any explicit authorization or restriction of Hemp CBD. However, the Wyoming Governor seems to have acknowledged the FDA’s authority over Hemp CBD products in a hemp FAQ on his website:
Is CBD part of the hemp laws? How is CBD different? CBD stands for cannabidiol, which is derived directly from the hemp plant. The U.S. Food and Drug Administration (FDA) has jurisdiction over products containing cannabis or cannabis derived compounds, including cannabidiol. To review the FDA policy on CBD, look here.
This does not really provide much certainty on how Hemp CBD will be treated in Wyoming, but it does appear that at least the state’s governor is aware of the FDA’s hostility to many Hemp CBD products.
We will continue to monitor for updates in Wyoming and elsewhere. For previous coverage in this series, check out the links below: