Industrial hemp is a variety of the Cannabis sativa plant cultivated to contain extremely low levels of the psychoactive compound responsible for intoxication. The growing popularity of consuming hemp flower, often for Cannabidiol (CBD) delivery, raises questions about its legality and advisability. While the federal government created a legal pathway for hemp, smoking the flower involves navigating complex chemical definitions, state laws, health considerations, and employment risks.
Understanding the Difference Between Hemp and Marijuana
The distinction between hemp and marijuana, both members of the Cannabis sativa species, is a legal and chemical one based on the concentration of Delta-9 Tetrahydrocannabinol (THC). THC is the cannabinoid compound that produces the intoxicating effects commonly associated with cannabis use. Hemp is legally defined in the United States as any part of the cannabis plant containing no more than 0.3% Delta-9 THC on a dry-weight basis, meaning it is considered non-intoxicating. Marijuana strains, in contrast, are bred to contain significantly higher THC percentages, often ranging from 15% to 30% or more. Hemp plants are dominant in Cannabidiol (CBD), a non-psychoactive compound sought by consumers of hemp flower.
The Legal Landscape of Smoking Hemp
The federal legality of hemp stems from the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, which removed hemp from the Controlled Substances Act. This landmark legislation legalized the cultivation and interstate transport of hemp and its derivatives, provided they meet the 0.3% Delta-9 THC threshold. However, this federal change did not automatically legalize the consumption method of smoking hemp flower across all jurisdictions.
Many states and local municipalities have enacted their own regulations that restrict or outright ban the sale and possession of smokable hemp flower. Some states argue that the physical appearance and odor of hemp flower are virtually indistinguishable from illegal high-THC cannabis, creating an impossible burden for law enforcement to differentiate between the two. This regulatory confusion means a product that is legal to possess in one state may be illegal in a neighboring one, or may be legal to possess but illegal to consume in public.
Federal courts have been divided on challenges to these state-level restrictions. Consumers must understand that federal legalization does not preempt state or local laws regarding consumption, especially for inhalation methods. Traveling across state lines with hemp flower, or consuming it in public, carries a significant risk of legal issues.
Health and Safety Considerations of Inhalation
The act of smoking any plant material, including legal hemp flower, introduces combustion byproducts into the respiratory system. When hemp flower is burned, the smoke contains carbon monoxide, polycyclic aromatic hydrocarbons, and tar, similar to the smoke from tobacco. Inhaling these byproducts can lead to irritation and inflammation of the throat and lungs.
Chronic exposure to these particulates contributes to respiratory symptoms like coughing, wheezing, and increased mucus production. While CBD itself is not associated with these issues, the act of smoking carries risks to lung health. For individuals concerned about respiratory irritation or those with pre-existing lung conditions, alternative methods like oils, edibles, or vaporization can deliver the desired cannabinoids without the byproducts of burning plant matter.
The Risk of Failing a Drug Test
One of the most practical and concerning issues for consumers of legal hemp flower is the possibility of failing a standard drug test. Employment drug screenings do not test for CBD, but rather for the presence of the main metabolite of THC, known as THC-COOH. Even though hemp flower must contain 0.3% or less Delta-9 THC, this trace amount can still be problematic for individuals subject to regular testing.
Frequent or heavy consumption of hemp can lead to the gradual accumulation of THC metabolites in the body’s fat cells. This bioaccumulation can push the concentration of THC-COOH above the threshold required to trigger a positive result on a urine drug screen. Furthermore, the hemp industry’s lack of comprehensive regulation means some products may be inaccurately labeled and contain a higher-than-legal concentration of THC, increasing the risk of a positive test.