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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118237
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a small industrial hemp company and I wonder what

Customer Question

JA: Hello. How can we help?
Customer: I have a small industrial hemp company and I wonder what laws and regulations do I need to meet to sell my hemp tea to USA
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I am EU grower wishing to sell in all USA states
JA: Have you talked to a lawyer yet?
Customer: noup :)
JA: Anything else you think the lawyer should know?
Customer: Well thats all I need now. If I can sell it, how etc...
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, Hemp Tea is illegal under US Federal laws, which means importation would be illegal. There are some hemp teas that are manufactured in states that allow marijuana, such as Colorado and California, but those are made within the state and thus avoid the federal import/export laws. So I am afraid you could not bring such a product into the US legally, since that would be against the federal laws.
Customer: replied 1 year ago.
You know that we talk about industrial hemp tea? Not Marijuana...
Its allowed in EU, so if its not strictly banned in USA you can sell it there...this is what i got, and this info I dig on internet:How Is Cannabidiol (CBD) legal?
“If, however, the product does not cause THC to enter the human body, it is a noncontrolled substance that may lawfully be sold in the United States.”
– DEA,
“Hemp-based CBD products are legal in the United States, so you don’t need to live in a state with medical cannabis laws or hold an MMJ card to buy and use them.”
On February 6, 2004 the Ninth Circuit Court of Appeals issued a unanimous decision in favor of the HIA (Hemp Industry Association) in which Judge Betty Fletcher wrote, “….non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance. The DEA’s definition of “THC” contravenes the unambiguously expressed intent of Congress in the Controlled Substances Act (CSA) and cannot be upheld”. On September 28, 2004 the HIA claimed victory after DEA declined to appeal to the Supreme Court of the United States the ruling from the Ninth Circuit Court of Appeals protecting the sale of hemp-containing foods. Industrial hemp remains legal for import and sale in the U.S., but U.S. farmers still are not permitted to grow it.So by this I can sell industrial hemp or you have more better info?
Customer: replied 1 year ago.
That is what confuses me but maybe this is for cbd derrived from hemp. Do you know about laws of Canada. How is there?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. (I am not a Canadian attorney, so you would have to post a separate question in our Canada law section on the Canadian laws on this).
I do understand what you are talking about and sorry for the confusion as I assumed you were talking about the THC teas. If your tea is solely hemp without THC, then you can import it into the US and it is legal for sale, since the US and state laws in the US do not ban hemp, they ban THC. However, your import is subject to approval by the US Food and Drug Administration, which has stated with regards ***** ***** hemp tea product, "Therefore, the hemp tea is a drug, as defined by section 201(g)(1) of the FD&C Act [21 U.S.C. § 321(g)(1)], because it is an article (other than food) intended to affect the structure or any function of the body of man or other animals. Moreover, the hemp tea is a new drug, as defined by section 201(p) of the FD&C Act [21 U.S.C. § 321(p)], because it is not generally recognized as safe and effective for its labeled use. Under sections 301(d) and 505(a) of the FD&C Act [21 U.S.C. §§ 331(d) and 355(a)], a new drug may not be introduced or delivered for introduction into interstate commerce unless an FDA-approved application is in effect for it." See FDA Warning Letter 05-14.
The issue in that case was that the hemp tea was labelled as having effects on the user (in addition to having some marijuana leaves, which I know is not your case and understand hemp is a separate part of the marijuana plant).
So, you would need to get your hemp tea approved according to the FDA regulations and upon approval it could be imported. The FDA is going to want the product tested for safety and will also test it for THC content and this process would require you getting a food and drug attorney in the US to get approvals.