Will state hemp programs survive if the federal government severely restricts hemp?
This is one of the most common questions I'm hearing from hemp operators, retailers, manufacturers, and consumers right now.
The first thing we need to clarify is this:
Despite what many headlines suggest, the federal government is not currently "banning hemp." What is being proposed would dramatically narrow the legal pathways available to the hemp industry at the federal level. That's a big deal—but it's not the same thing.
The bigger question is what happens next.
If federal law changes, do state hemp programs disappear overnight?
Do state licenses become worthless?
Do businesses have to shut their doors immediately?
The short answer is: probably not.
And we know this because we've already run this experiment for more than 50 years with marijuana.
In this episode, Attorney Morgan Davis breaks down:
Federal prohibition vs. federal preemption
Why state hemp programs may continue to exist even if federal law changes
What marijuana can teach us about the future of hemp
The relationship between state law and the Controlled Substances Act
What hemp operators should be watching right now
The distinction between federal prohibition and federal preemption may end up being one of the most important legal concepts for the hemp industry over the next several years.
Let's break it down.
+++++++++
THIS CONTENT IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO THE TOPICS DISCUSSED. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.