跨州大麻CBD:宾夕法尼亚州

《2018年农业改进法案》(即2018年农业法案)通过将大麻及其衍生物从《管制物质法案》中定义的大麻范畴中移除,并为大麻种植提供详细框架,从而实现了大麻合法化。该法案赋予美国农业部(USDA)对联邦层面大麻种植的监管权。 各州可选择向美国农业部提交计划,从而保留对其辖区内种植作物的主要监管权。

联邦与州层面的相互作用已促使各州出台多项立法和监管改革。事实上,多数州已提出(并通过)法案,授权在本州境内进行工业大麻的商业化生产。此外,虽数量较少但呈增长趋势的州也开始对工业大麻衍生产品的销售实施监管。

In light of the rapidly evolving legislative changes, we are also presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (Hemp CBD). Today we turn to Pennsylvania.

The Pennsylvania Department of Agriculture (PDA) regulates hemp cultivation in Pennsylvania. PDA has an industrial hemp program that requires participants to submit applications and obtain permits to cultivate hemp in the state. There are fairly robust requirements to get a permit unlike in some other states: owners must undergo federal background checks and submit detailed information about their business in order to get permitted. PDA also imposes detailed reporting requirements and requires that cultivators follow strict guidelines when growing hemp.

Notably, Pennsylvania’s hemp production plan was approved by the USDA but has not yet taken effect. When it does take effect, it will impose much more robust rules on hemp cultivators, and will also require processors to obtain licenses. Expect big changes in the future.

When it comes to Hemp CBD products, PDA generally follows the FDA’s position when it comes to Hemp CBD products, and does not allow Hemp CBD to be added to foods. PDA also states, for what it’s worth, that products and product labels must comply with any applicable law, including FDA laws. While PDA has not directly addressed most other Hemp CBD products (such as cosmetics), we can assume that the agency would follow in the FDA’s footsteps given its incorporation of FDA policy relative to foods. Therefore, sellers of products that contain Hemp CBD that do not make medical claims and are not on the FDA’s target list for any other reason might be safer in Pennsylvania.

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