Hemp Flower Legality, Use and Sale in 2019

Hemp Flower Use & Sale Legalities You Need to Know

Hemp flower, or better known as cannabidiol (CBD) flower, is a fantastic non-intoxicating herb that provides a wide array of medical benefits. It looks and smells like marijuana, and the good thing about it is it is legal on a federal level.

However, some states still prohibit the use of smokable flowers. As a matter of fact, the legality of it is still a bit unclear. So what is the deal with hemp, hemp flower, and CBD?

Hemp is The CANNABIS SATIVA Plant with very low levels of THC <0.7%, Marijuana is the same Plant with High levels of THC 12-30%

Hemp Flower and Marijuana are Siblings

Hemp flower users insist it is legal as it’s simply hemp. It is the cousin of marijuana that contains low levels (under 0.3%) of Tetrahydrocannabinol. Please note that THC implies the principal psychoactive chemical compound in cannabis, the main ingredient that causes people to feel “high”.

Both hemp and marijuana contain CBD or cannabidiol. It is the non-psychoactive chemical compound that provides many therapeutic benefits. In 2018, doctors were allowed by the General Assembly to recommend CBD oil to their patients for a wide array of medical conditions.

The Regulated Production of Commercial Hemp is LEGAL

Early in 2019, American politician and physician Governor Ralph Northam of Virginia has made a governing law. He signed a bill to allow the production of commercial hemp. Also, the 2018 Farm Bill categorized hemp as an agricultural commodity.

This means the situation of hemp and hemp flower is still complicated. Some are still progressing towards the legality of hemp. For consumers, this only brings more confusion.

The Sec. 297A of Hemp Farming Act of 2018 states:

“The term ‘hemp’ means the plant Cannabis sativa L. and 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 concentration of not more than 0.3 percent on a dry weight basis.”

This concludes hemp flower is legal.

CBD Smokables are STILL Exclusive of this Law

As of writing, the Food and Drug Administration (FDA) has not issued any statement on smokables, this includes hemp-pre rolls and vape. They have not provided clear guidelines for the smokables.

People can expect distributors to moderate the risk of selling CBD smokables as hemp-derived products by not claiming medical benefits. This means hemp flower law varies from one state to another. Hemp bud, however, is still largely unregulated.

Hemp Flower is NO LONGER a Schedule I Drug

This means hemp lost its Schedule I drug status in the list of Controlled Substances Act due to its non-intoxicating effect.
Compared to marijuana-derived products which are illegal on a federal level, the bill categorically states that hemp-derived products with less than 0.3% THC are legal.

This new law proposed that state governments must regulate hemp production. Some states are quick to act on this matter and passed their versions of hemp bills. Some allowed the production of hemp, while some banned products that are derivative of the plant.

How to Use Hemp Flower

The best method of using hemp flower is by smoking. This is a particularly recommended method of consuming hemp flower for those who want to experience relaxation without the sensation of being high. You can find a pre-rolled hemp flower that you can smoke directly, just like tobacco.

Furthermore, this is even a recommended alternative to the traditional smoking of cigarettes or marijuana. As of today, though, hemp flower has not been evaluated or studied heavily so it is not known to cure or prevent diseases.

1. Alaska
2. Arizona
3. Arkansas
4. Colorado
5. California
6. Connecticut
7. Florida
8. Georgia
9. Illinois
10. Iowa
11. Kansas
12. Kentucky
13. Maine
14. Maryland
15. Massachusetts
16. Michigan
17. Minnesota
18. Missouri
19. Montana
20. Nevada
21. New Jersey
22. New Mexico
23. New York
24. North Carolina
25. North Dakota
26. Oklahoma
27. Oregon
28. Pennsylvania
29. Rhode Island
30. South Carolina
31. Tennessee
32. Utah
33. Vermont
34. Virginia
35. Washington State
36. West Virginia
37. Wisconsin
38. Wyoming

8 States Has Unclear Hemp Laws

Hemp production is legalized in these states. However, the use of hemp-derived products like CBD flower and other CBD products are still either banned or unclear.


CBD is legal in this state. It also allows the production of hemp for research purposes only. This is under the 2014 Farm Bill and the 2016 Alabama Industrial Hemp Research Program Act, until 2018 where the USDA provided rules and regulations in 2018 Farm Bill.


This state prohibits the cultivation of hemp for commercial use.


Hemp cultivation is exclusive for those licensed by the Hawaii State Department of Agriculture.


As of July 2019, hemp flower is illegal in Indiana. Growing hemp, however, is legal.


Hemp farming is legal in Louisiana, but hemp smokable is illegal. Also, CBD sales are limited.


Growing of commercial hemp is legal, but they prohibit smokable flowers.


The legalization of hemp and hemp-derived products are still being discussed.


Hemp farming is legal, and both CBD and hemp flowers are legal. However, there are still no rules and guidelines for hemp-derived products.

Acts as a natural sleep aid

Due to the anti-anxiety properties of hemp flower, some people have reported being able to fall asleep faster. Thus, it gives a rejuvenated feeling every time you wake up. This is due to the CBD properties’ ability to interact with receptors in your brain that affect your mood.

Pain management

The anti-inflammatory properties found in hemp flower have been reported to help regulate the inflammatory response of the body. It means that you can reduce inflammation on the wounds in your skin or in any ailments that need cellular regeneration.

Fights anxiety and depression.

Anxiety and depression are two of the most common mental health condition today. For some, using hemp flower or any other hemp-derived products has been reported to trigger a positive response to your brain receptors. As a result, it helps reverses the symptoms of anxiety and depression by uplifting your mood.


Inhibits hyperactivity due to ADHD

The ability of CBD properties to affect your mood and brain receptors is widely reported. As such, it has been studied as a possible mitagation for ADHD.

The future looks bright for this study. The initial results of the use of hemp flower and other CBD products have shown signs of normalizing behavior.

Reduces arthritic pain

If you are plagued by arthritis, hemp flower might help treat this condition. The anti-inflammatory properties of hemp flower are belived to alleviate the pain associated with arthritis.

Trying it for the first time?

Have you tried using hemp flower for therapeutic reasons? What are the benefits that you’ve experienced with its use?


Bend, Oregon

Our products have not be evaluated by the FDA or proven to diagnose, treat, prevent, or cure any illnesses.  All products are compliant with the US Farm Bill and under 0.3% THC. Pivotal CBD sells legal industrial hemp grown under a registered license with the Oregon
Department of Agriculture.