The U.S. agriculture act of 2018 legalizes marijuana by removing cannabis and its derivatives from the definition of cannabis under the controlled substances act (CSA) and providing a detailed framework for marijuana cultivation. The agriculture act of 2018 gives the U.S. Department of agriculture (USDA) federal oversight of marijuana cultivation. States have the right to maintain primary oversight of crops grown in their states by submitting a plan to the USDA.
This federal state interaction has led to many legislative and regulatory changes at the state level. In fact, most states have introduced bills authorizing the commercial production of marijuana in their states. More and more states are also regulating the sale of cannabis products.
Today, we introduce Delaware marijuana regulations.
In 2014, Delaware passed the industrial cannabis Research Act, which allows Delaware's higher education institutions to grow industrial marijuana for agricultural or academic research purposes. However, about a year ago, the state legislature enacted Senate Act No. 266, which makes some important additions to the industrial cannabis Research Act, allowing industrial marijuana to be used for a wider range of purposes, not just agricultural or research purposes. The pilot cannabis program requires operators to cooperate with Delaware State University.
Crucially, 266 has not yet allowed marijuana to be commercially grown. Commercial cultivation of marijuana was not allowed until the U.S. Department of Agriculture issued regulations to review marijuana production plans.
The U.S. Department of agriculture's ban means that Delaware will not be able to commercialize marijuana production by 2019. Growers can only legally produce marijuana under the authority of higher education institutions or the State Department of agriculture.
Nevertheless, the state stated in its application for the cannabis research program that the program empowers growers to cooperate with permitted institutions of higher education to ensure the legitimacy of marijuana in terms of cultivation, harvesting, processing, marketing, etc., and to obtain knowledge about marijuana for agricultural, industrial or commercial uses. Although general commercial sale of marijuana is not allowed, USDA believes that commercial sales for research purposes may be allowed.
To this end, the U.S. Department of Agriculture published the application procedures for marijuana processing on its website, which pointed out that the processing of marijuana in Delaware needs to be carried out according to the relevant procedures. Processing is the commercial sale of marijuana in its natural state. The app also states that the Delaware Department of agriculture cannot inform any hemp processor of a viable market for their crops. The Delaware Department of agriculture is not responsible for the market for marijuana or marijuana products and for any damage that may be caused by the processor.
The hemp research program application materials of the industrial hemp research act clearly indicate that it intends to use marijuana for commercial cultivation with the permission of the United States Department of agriculture.