FAQ's

The Basics

Hemp Defined

Hemp is regulated in the 2018 Farm Bill under Title X-Horticulture – Subtitle G – Hemp Production. § 10113 Hemp Production.2018 Farm Bill – Title X-Horticulture – Subtitle G – Hemp Production. § 101113 Hemp Production

The Agricultural Marketing Act of 1946(or the AMA) is amended by adding the definition of Hemp to mean:

  • The plant Cannabis sativa L.
  • Any part of that plant, including the seeds thereof and all derivatives, extracts,
    cannabinoids, isomers, acids, salts, and salts of isomers,
  • whether growing or not,
  • with a delta-9 tetrahydrocannabinol ( or more commonly referred to as THC)
    concentration of not more than 0.3% on a dry weight basis

CBD Defined

One of the great things about the new 2018 Farm bill is that it makes clear Cannabidiol (Canna bih die all) more commonly referred to as CBD from hemp is legal. One big myth that exists about the Farm Bill is that CBD is legalized. It is true that section 12619 of the Farm Bill removes hemp derived products from its Schedule I status under the Controlled Substances Act, but the legislation does not legalize CBD generally. CBD Generally remains a Schedule I substance under federal law. The Farm Bill ensures that any cannabinoid—will be legal, if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, association state regulations, and by a licensed grower. All other cannabinoids, produced in any other setting, remain a Schedule I substance under federal law and are thus illegal.

The Details

CBD Related Questions, Including Approved Use

What is CBD?

Cannabidiol (CBD) is a  naturally occurring compound  found in the resinous flower of  cannabis, a plant with a rich  history as a medicine going back  thousands of years. Today the  therapeutic properties of CBD are being  tested and confirmed by scientists and  doctors around the world. A safe,  non-addictive substance, CBD is one of more than a hundred “phytocannabinoids,” which are unique to cannabis and endow the plant with its robust therapeutic profile.

 

CBD is closely related to another important medicinally active phytocannabinoid: tetrahydrocannabinol (THC), the compound that causes the high that cannabis is famous for. These are the two components of cannabis that have been most studied by scientists.

Both CBD and THC have significant therapeutic attributes. But unlike THC, CBD does not make a person feel “stoned” or intoxicated. That’s because CBD and THC act in different ways on different receptors in the brain and body.

 

CBD can actually lessen or neutralize the psychoactive effects of THC, depending on how much of each compound is consumed. Many people want the health benefits of cannabis without the high – or with less of a high.

 

The fact that CBD is therapeutically potent as well as non-intoxicating, and easy to take as a CBD oil, makes it an appealing treatment option. Especially for any people are seeking alternatives to pharmaceuticals with harsh side effects. People often use CBD for relief with chronic pain, anxiety, inflammation, depression.

 

CBD falls under the definition of hemp since it is a cannabinoid, but the Food Drug and Cosmetic Act was not amended with respect to hemp or CBD, and the FDA still has jurisdiction over the sale of CBD in food drug and cosmetic products.

No.  Under section 301(ll) of the Federal Food Drug & Cosmetic Act (FD&C Act or the Act), it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under 21 U.S.C. § 355 (section 505 of the Act) or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.  There are exceptions, including when the drug was marketed in food before the drug was approved or before the substantial clinical investigations involving the drug had been instituted or, in the case of animal feed, that the drug is a new animal drug approved for use in feed and used according to the approved labeling.  However, based on available evidence, FDA has concluded that none of these is the case for THC or CBD.  FDA has therefore concluded that it is a prohibited act to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which THC or CBD has been added.  FDA is not aware of any evidence that would call into question these conclusions.  Interested parties may present the agency with any evidence that they think has bearing on this issue.  Our continuing review of information that has been submitted thus far has not called our conclusions into question.

What about cannabinoids, like CBD?

Cannabinoids, such as cannabidiol (CBD), are a group of chemicals concentrated in the female flower of the cannabis plant. While they are chemically similar to THC, they do not have the psychoactive effects of THC.  PDA does permit growth of hemp for the purpose of producing CBD. However, it will be the permit holder’s responsibility to ensure that any CBD extraction or the production of CBD-containing substances complies with all laws and regulations. See entry below for further clarification.

Will FDA take enforcement action regarding THC and CBD products that are marketed as dietary supplements? What about foods to which THC and CBD has been added?ab Title

When a product is in violation of the FD&C Act, FDA considers many factors in deciding whether or not to initiate an enforcement action.  Those factors include, among other things, agency resources and the threat to the public health.  FDA also may consult with its federal and state partners in making decisions about whether to initiate a federal enforcement action.

General Industrial Hemp Questions

What is Industrial Hemp?

Industrial hemp is a versatile plant that has been used for thousands of years as a source of fiber and food. While grown commercially in the United States until after World War II, industrial hemp became regulated along with marijuana and its cultivation was prohibited.

What is the difference between industrial hemp and marijuana?

Industrial hemp and marijuana are different varieties of the same species of plant, Cannabis sativa. Marijuana is cultivated because of its production of the psychoactive plant chemical delta-9 tetrahydrocannabinol, or THC.  Industrial hemp is cultivated for fiber, seed and other purposes, and federal and state law requires that the concentration of THC must be less than 0.3% in industrial hemp.

What are some of the uses of industrial hemp?

There are thousands of uses for industrial hemp. Some of those include: fibrous stem products (paper products, molded plastics, textiles, construction materials, etc.); seed products (food products for human consumption, culinary oil, body care products, fuel, etc.) and floral/foliar products (CBD extracts). Part of the development of an industrial hemp industry is to determine what the most appropriate uses are for Pennsylvania in terms of growth, production and processing of hemp.

What does Industrial hemp need to grow?

Two years of research projects showed that good soil fertility – with adequate nitrogen, proper planting depth, and pre-plant weed control – is important for a good crop. Growers also need to evaluate available harvesting options, because many combines are not designed for use with this crop, which is well known for its strong fiber and stalks.

Where do I obtain Hemp Seed?

Providing growing hemp is permitted in your state you can obtain seed from a state licensed seed dealer. It is encouraged that growers buy certified seed.

Q & A - Specific to the State of Pennsylvania

Why is Pennsylvania allowing growth of industrial hemp now?

Through the 2018 Farm Bill, the federal government has changed the legal status of industrial hemp. It has been removed from regulation under the Controlled Substance Act, ending any restrictions on import or interstate movement of hemp seed, plants, or products. However, the 2018 Farm Bill still requires that every site where industrial hemp is grown be registered with the state or federal government under a program with requirements for inspection and testing.

What is the difference between Pennsylvania’s industrial hemp program and the Pennsylvania medical marijuana program?

The two programs are separate and authorized by different Acts and Departments. Industrial hemp contains virtually no THC (less than 0.3%). Both plants do contain levels of other compounds of interest, for example cannabidiols (CBDs). The Medical Marijuana Act requires all the cannabis for medical use to be grown at a permitted Indoor growing/processing facility and the products to be tested before being sold in order to meet specific requirements for purity and standardized chemical concentrations. Industrial hemp growers must have a permit from the PA Department of Agriculture.

Who can legally grow hemp in Pennsylvania?

Industrial hemp may be grown or cultivated in Pennsylvania by individuals with a valid permit from the PA Department of Agriculture.

Has hemp been planted in Pennsylvania?

The short answer is yes. According to last years survey approximately; 

  • 19 Thousand  pounds of floral hemp was grown in the open.
  • 230 Thousand pounds of fiber hemp was grown in the open
  • Pennsylvania production of floral hemp grown under protection was estimated at
    2,143 pounds. 
How can I apply to grow hemp in Pennsylvania?

Interested persons or businesses should carefully review the parameters for permit approval and fill out the application. You can find more information here

Are there fees associated with Growing Hemp?

Yes. PDA has established fees to cover the costs of administering the program, including obtaining a permit, covering inspections, sampling and necessary laboratory testing of the crop as required by the permit. Additionally, other agencies may charge fees for their services, such as FBI criminal history background checks, or inspection and testing requirements of other applicable statutes

Is the application fee refundable?

No.  The law enabling industrial hemp production in Pennsylvania gave the Department of Agriculture the right to establish fees to cover the costs of administering the program.  The use of these “user fees” is restricted to covering the costs incurred by the agency to administer the program.

How many industrial hemp permits will be issued in any given year?

There is no limit to the number of permits or the amount of hemp that will be permitted. Any application that meets all requirements of the program will be approved.

Is there any limit on the amount of acreage used to grow industrial hemp?

No, however each deeded property will need a permit of its own. There are minimum requirements for plantings, unless prior written approval is requested from the Department. Outdoor growers must plant a minimum of 150 plants and indoor growers must plant a minimum of 1,000 square feet and 100 plants. 

I had an industrial Hemp License in a previous year, do I need to reapply?

Yes, Permits expire on December 31st of the year they are granted.

Are hemp processors required to be licensed in PA?

At this time, the Department of Agriculture does not require a special license for hemp processors. 

What products/uses of industrial hemp are permitted in PA?

Industrial hemp products are regulated by several different federal and state mandates, which can be confusing. It is the responsibility of the permit holder to ensure any products or substances derived from industrial hemp meet the requirements of all state and federal laws and regulations.

Can Industrial hemp be sold/commercially distributed as animal feed?

Not at this time.  Before any ingredient can be sold or distributed as part of animal feed, the ingredient must be Generally Recognized as Safe (GRAS) by FDA and/or listed as a “recognized feed ingredient” by the American Association of Feed Control Officials (AAFCO).  As part of the approval process, testing is currently being conducted to ensure the safety and nutritional value of hemp.  Growers are advised that any research project that involves feeding hemp products to their own animals may result in regulatory restrictions in the sale of products (meat, milk, eggs, etc.) from these animals.

What happens if the industrial hemp grown tests higher than the 0.3% permitted for THC content?

By definition, the plants are no longer considered industrial hemp. Crop destruction could result. If it is determined that high THC levels were produced intentionally or maliciously, growers may face criminal penalties.

If approved to receive an industrial hemp permit, what are my responsibilities?

Persons or institutions receiving permits to grow industrial hemp must follow the requirements outlined in their permit/contract with PDA.  This includes payment of fees, cooperation with onsite inspections, and destruction of hemp found growing in unregistered sites that are linked to the permit.

General Questions, Seed saving etc.

Can seed grown be saved and replanted?

To save seed for replanting, growers would need to obtain written permission from the seed source. In addition, the seed must be grown in conditions that meet the requirements of the Pennsylvania Seed Act.

Can I grow transplants/cuttings for resale?

Growers would need to obtain written permission for replication from the plant variety source and would also need to apply for and receive a Nursery Certificate. Fees Apply.

Who can I go to for help?

There are many resources available, you can visit Education page to find a list of organizations that support the Hemp industry. We also offer Legal and Consulting services for Help/CNBD growers and processors.

Let's Talk,

How can we help you?

drop us a line

or try to find it on our website

General Questions, Seed saving etc.

Can seed grown be saved and replanted?

To save seed for replanting, growers would need to obtain written permission from the seed source. In addition, the seed must be grown in conditions that meet the requirements of the Pennsylvania Seed Act.

Can I grow transplants/cuttings for resale?

Growers would need to obtain written permission for replication from the plant variety source and would also need to apply for and receive a Nursery Certificate. Fees Apply.

Who can I go to for help?

There are many resources available, you can visit Education page to find a list of organizations that support the Hemp industry. We also offer Legal and Consulting services for Help/CNBD growers and processors.

How will I get My Seeds?

Shipping Policies

Once we have received your order we will contact you to determine how you would like your seeds shipped. Shipping charges are determined by:

  • Weight 
  • Location and,
  • Whether you prefer to have your shipment expedited.

In the case of large orders for remediation projects we can deliver seeds directly to you. Charges will depend on distance and whether we will need to stay overnight.

You may make arrangements to pick up your seeds directly from us, providing we have received all needed documentation and you have paid in full for your order.

No seeds will be provided regardless of whether you come to pick them up or have us ship to you without being paid for in full.

If you need to contact us directly please use our contact form on this page to do so.

Thank you, we look forward to serving you!

When will i get my swag!

Shipping Policies

We ship once a week on Thursdays. Our cut off day for the following weeks shipments is Tuesday. That means if you order on Tuesday before 11 am we will ship your products that week. If you order on Wednesday of the same week your order will not ship out until the following week.

We ship using the USPS flat rate shipping system to try and keep our shipping charges down.

If you have not received your shipment within 10 days please contact us so we track it for you. Please use the contact item in the quick menu. We will get back to you within 24 hours

Let's Talk,

How can we help you?

drop us a line

or try to find it on our website