Is Hemp Legal?

Hemp is legal at the federal level. Industrial hemp is described by the 2018 Farm Bill as having less than 0.3% THC, which is the compound that produces the high associated with marijuana. Other hemp compounds are beneficial to your health while still being non-intoxicating. This is part of the reason the legality surrounding this compound is more relaxed.

Please note: each state has its own laws and regulations, so you should do your own research before purchasing hemp oil in any given state.


Hemp is legal in almost every state, but regulations regarding its use vary. It is important that you do your own research and learn how hemp is treated in your state.


In 2018, the US Senate introduced The Hemp Farming Act in its version of The 2018 Farm Bill. Among other goals, the act sought to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.

The 2018 Farm Bill was signed into law in December 2018, effectively legalizing hemp at the federal level by removing it from the federal list of controlled substances and classifying it as an agricultural commodity. As a result, hemp is legal nationwide at the federal level. The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States.


Why Wasn’t Hemp Always Legal?

There are many theories surrounding hemp’s illegality. The simplest explanation is that the legislators just didn’t understand its distinction from marijuana. That’s a confusion that widely persists to this day. Beyond that, it seemed possible that hemp farms could be used to disguise marijuana crops. When marijuana was made illegal, all associated compounds, derivatives, and related plants were made illegal too.

As scientific research progressed, the potential power of hemp became more understood. Furthermore, advocates for hemp demonstrated that not only was it useful for many things, it was decidedly not useful for getting high, especially when grown at the legal limit of 0.3% THC.

Disclaimer: The legal landscape around hemp is unclear and changing rapidly both at the Federal and State level. The information on our website and any other communication regarding legality which you may receive from any representative of New Earth Garden is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase hemp in your area. You should contact your attorney to obtain more specific guidance.