People have been growing hemp for quite some time, and yet some might ask -Is it legal to grow hemp at home?
Hemp cultivation remains a controversial issue among lawmakers, enforcers, enthusiasts, and marijuana lovers all over the country.
And although most states have formulated policies that decriminalize the growing of hemp (and its related products), it is mostly for research and industrial purposes.
So, the question on the legality of personal hemp cultivation continues to elicit different reactions, depending on who you ask.
Disclaimer: Today's article looks to provide some insight into this issue, including an in-depth look into some of the laws that regulate the hemp sector. The piece will also look into different state policies and highlight the different approaches adopted by individual states towards the legal implications of growing hemp at home.
The 2018 Farm Bill
The Federal government controls the cultivation of hemp through the 2018 Farm Bill, which decriminalizes growing hemp across the country.
But there is a catch.
The bill only applies to the industrial growth of the product. Therefore, people looking to grow hemp for personal use cannot refer to the statement. Besides, hemp farmers have to get permits, licenses, and meet stringent regulations from their respective states.
The USDA issues regulations, licenses, and guidelines to farmers. Some of the USDA's measures include obtaining land information on the product and access to the total acreage and regions that predominantly grow hemp.
The body also sets THC limits for the plant, given it is for industrial use. Farmers cannot grow hemp in banned states and must have a clean record for ten years before planting hemp in their farms.
State Policies & Regulations
The government gives individual states the authority to determine whether it is legal for residents to grow hemp on their homes. Some states have relaxed laws on the issue, while others can have people fined vast amounts of money, or in some cases, jail terms.
An excerpt from Folsom Marijuana cultivation laws illustrates the dynamic nature of the measures adopted by different states.
For example, the law bans the outdoor cultivation of the plant. Instead, prefer the indoor growing model with restrictions on size, structure, lighting, visibility, number of plants (limiting them to six per person), and the total harvest should not exceed twenty-eight and a half grams.
The Hemp States (Where it's legal to grow hemp at home)
States such as Alaska, California, District of Colombia, Colorado, Massachusetts, Washington, Vermont, and Oregon allow recreational use cultivation. However, the laws that regulate the cultivation of the plant are very different. Here are a few examples
Alaska
Alaskan laws on hemp are relaxed compared to other states. People can grow up to six plants, given that three should not mature at the same time. All you need is the consent of the landowner (if your living on rented property. Breaking guidelines (such as possession of over 25 plants simultaneously) can lead to a prison sentence or fines of up to $1000.
California
California is a beautiful place for hemp lovers. The state allows people to grow and use hemp products for medicinal and recreational use. The law allows hemp farmers to plant up to six plants but with different maturity dates. Local authorities have more control over the sale and use of the plant. Lawbreakers face fines of up to $500 and six months in jail.
Massachusetts
Massachusetts laws are somewhat relaxed. People are allowed up to twelve plants, with fines ranging from $300.
Colorado, Vermont, and Oregon
Colorado, Vermont, and Oregon state law allow users to grow up to six plants per household (each with different maturity dates).
The state has stiff fines for lawbreakers, with some facing lengthy prison sentences and up to $500 000.
Other states have a stricter approach towards the sale, use, and cultivation of hemp. State policies range from small infractions, light sentences to criminal charges, and hefty fines.
The Misdemeanor States (Where growing hemp is illegal but not a serious offense)
Arkansas, Illinois, New York, Indiana, and Maine are a few states that consider marijuana possession illegal, but not a felony.
States offer different punishments ranging from prison sentences and fines of up to $50 000. However, medical marijuana patients can still access essential CBD oils.
Banned States (Don't even try)
These states consider it illegal to use, sell, or cultivate the plant at the home, office, or anywhere. Possession of a hemp plant can land you in serious trouble with the law. States such as Texas, Louisiana, Iowa, Idaho, and several others consider the act as a felony. For instance, Alabama law allows for up to 20 years (2-year minimum) and fines of up to $30 000.
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