On 13th August, Dentons in Canada published a detailed briefing about the removal of hemp and extracts of hemp from the Controlled Substances Act, with a brief summary of this change, and its effect on US immigration laws. Hemp, except for its seeds and stalks, used to be classified as a Schedule 1 controlled substance, along with cannabis – Schedule 1 controlled substances are drugs with no currently accepted medical use. However, as a result of the 2018 Farm Bill, hemp is no longer considered a controlled substance, at least under certain circumstances. Hemp as cannabis (including any part of the plant) with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. THC, the active substance in cannabis, continues to be listed as a Schedule 1 controlled substance but this now excludes THC contained in hemp, as defined in the Agricultural Marketing Act. The article says that it is a common misconception that the 2018 Farm Bill fully legalised CBD and CBD-related products at the federal level – this, it says, is not entirely accurate. The legalisation of hemp at the federal level will have significant implications for foreign nationals who will be involved in the US hemp industry. Since hemp containing no more than 0.3% of THC has now been removed from the Controlled Substances Act, the controlled substance grounds of inadmissibility contained in the Immigration and Nationality Act will no longer apply.
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