Education, Social

Is it Legal to Smoke Hemp Flower?

Name: Carolina Hemp Hut
Price range: $

Richard Sniffen
May 11, 2022

Understanding the Rules Around Hemp, Delta-8 THC, and THCa Flower

There’s a lot of confusion about the legal status of hemp products, especially when it comes to smoking hemp flower, Delta-8 THC, and THCa flower. With so many different laws at the federal, state, and local levels, it’s no wonder people are unsure of what they can and can’t do. This confusion can sometimes lead to serious problems if the laws are misunderstood. In this article, we aim to clear up this confusion and provide straightforward, easy-to-understand information about the legality of these products.

Hemp vs. Marijuana: What’s the Difference?

First, let’s start with the basics: what’s the difference between hemp and marijuana? Both hemp and marijuana come from the Cannabis sativa plant, but they are different in one key way—the amount of THC they contain. THC, or tetrahydrocannabinol, is the compound in cannabis that makes you feel “high.”

Hemp: By law, hemp must contain less than 0.3% THC. This is a small amount, not enough to get you high. Because of this low THC level, hemp is legal at the federal level in the United States. It is used to produce a wide range of products, from CBD oil to clothing and paper.
Marijuana: Marijuana contains much higher levels of THC, which is why it can cause psychoactive effects. The legality of marijuana varies from state to state. In some places, it’s legal for medical and recreational use; in others, it’s still illegal.

This difference in THC levels is crucial because it’s what makes hemp legal under federal law, while marijuana remains illegal in many parts of the country.

Is It Legal to Smoke Hemp Flower?

Whether it’s legal to smoke hemp flower depends largely on where you live. The 2018 Farm Bill legalized hemp at the federal level, meaning it’s legal to grow, sell, and use hemp products, including hemp flower, as long as they contain less than 0.3% THC. However, states and local governments can make their own rules, and some places have stricter laws.

Federal Law: Under federal law, hemp flower is legal as long as it has less than 0.3% THC. This means you can legally buy and use hemp flowers in many parts of the country.
State and Local Laws: State and local laws can vary widely. In some states, smoking hemp flower is perfectly legal. In others, you can buy hemp flowers, but you’re not allowed to smoke it in public. Some places might even have more restrictive rules. For example, they might allow the sale of hemp flowers but ban smoking it altogether.

Because laws can vary so much from place to place, it is important to know the specific rules in your state and city. This way, you can avoid any legal trouble and enjoy hemp products safely and responsibly.

What to Do If You’re Stopped by the Police

One common concern is what to do if you’re stopped by the police while carrying hemp flowers. Hemp flower looks and smells a lot like marijuana, so it can be hard for law enforcement to tell the difference. If you’re stopped, it’s important to stay calm and know your rights.

Here are some tips:

Explain the Situation: Calmly explain that the flower you have is hemp and that it’s legal under federal law because it contains less than 0.3% THC.
Keep the Packaging: It’s a good idea to keep the hemp flower in its original packaging. This packaging often includes information about the product, such as the THC content, and clearly states that it’s hemp, not marijuana. This can help avoid confusion and show that you’re following the law.
Know Your Rights: It’s important to know your rights and understand the laws in your area. If you’re unsure about something, it’s better to ask questions rather than make assumptions.

Delta-8 THC and THCa Flower: What’s the Deal?

Delta-8 THC and THCa flower are newer hemp products that have been getting a lot of attention lately. But are they legal?

Delta-8 THC: Delta-8 THC is a compound found in hemp that’s similar to Delta-9 THC (the main compound in marijuana), but it’s less potent. Delta-8 can produce mild psychoactive effects, which is why it’s become popular. Under the 2018 Farm Bill, Delta-8 THC is legal because it comes from hemp. However, some states have banned or placed restrictions on its sale and use, so it’s important to check the laws in your area.
THCa Flower: THCa flower is raw cannabis that hasn’t been heated or processed. THCa doesn’t have psychoactive effects until it’s heated and turns into THC. The legality of THCa flower varies by state. In some places, it’s considered legal under hemp laws; in others, it’s treated like marijuana because it can convert into THC when heated.

As with hemp flower, it’s crucial to know the laws in your state and city before buying or using Delta-8 THC or THCa products. This will help you avoid legal issues and ensure you’re using these products safely.

Understanding State and Local Laws

The 2018 Farm Bill made hemp legal at the federal level, but states can create their laws about hemp and hemp products. This means that what’s legal in one state might be illegal in another.

State Laws: Many states have followed the federal government’s lead and made hemp legal. However, some states have put additional restrictions in place. For example, they might allow the sale of hemp flowers but not allow smoking it in public. Other states have banned certain hemp products, like Delta-8 THC, altogether.
Local Laws: In addition to state laws, local governments can also create their own rules. Even if hemp flower is legal in your state, your city or county might have additional restrictions. For example, some cities might ban smoking hemp flowers in public places.

Because the laws can vary so much, it is important to do your research and know the rules in your area. This will help you stay on the right side of the law and avoid any potential legal trouble.

Can You Transport Hemp Products?

Another common question is whether you can transport hemp products across state lines. Generally, it’s legal to transport hemp products, including hemp flower, as long as they contain less than 0.3% THC. This is because the 2018 Farm Bill legalized hemp at the federal level.

However, there are some things to keep in mind:

Check State Laws: While it’s legal to transport hemp products across state lines, you should still check the laws in the states you’re traveling through. Some states have stricter laws about hemp, and you don’t want to run into any issues.
Avoid Live Plants: Transporting live hemp plants is more complicated. Some states have specific rules, and you might need special permits. If you’re planning to transport live plants, make sure you know the rules in advance.
Keep Documentation: When transporting hemp products, it’s a good idea to keep any documentation that shows the product’s THC content. This can help avoid confusion if you’re stopped by law enforcement.

Why It’s Important to Stay Informed

Understanding the legal status of hemp flower, Delta-8 THC, and THCa flower is crucial for avoiding legal trouble. While hemp is federally legal, state and local laws can vary widely. By staying informed and knowing the rules in your area, you can enjoy hemp products safely and responsibly.

At Carolina Hemp Hut, we’re committed to providing clear and accurate information about the products that we offer. Whether you’re interested in hemp flower, Delta-8 THC, or THCa, we encourage you to stay informed and make safe, legal choices.

For more detailed information, you can check the North Carolina General Assembly website and search the full text of House Bill 519 and other relevant laws. This will give you a better understanding of the legal landscape and help you make informed decisions about using hemp products.

Richard Sniffen

Richard moved from Texas recently to join the family business in Hemp. He has researched terpenes and cannabinoids extensively and uses the acquired knowledge to provide meaningful insight to more opportunities for natural healing. He's the General Manager of the Durham Carolina Hemp Hut store and a cannabis product group Manager.

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