Although CBD/hemp flower may look like marijuana, it is legally distinct. Both terms (marijuana) and (hemp) describe the cannabis plant. Marijuana is classified as a Schedule 1 substance under the Controlled Substances Act (“CSA”). 21 USC & 801et seq.

The Agriculture Improvement Act of 2018 (“2018 Farm Bill”) defines hemp as follows:

The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

2018 Farm Bill, Section 297A. The 2018 Farm Bill amends the CSA’s definition of marijuana to exclude hemp .i.d. at Section 12619. The 2018 Farm Bill also prohibits states or Indian tribes from prohibiting the interstate transport or delivery of hemp. Id. Section 10114.