KindlyMD gummies, available for sale now, each contain a unique blend of cannabinoids, including Delta-9-tetrahydrocannabinol (THC). A Medical Cannabis Card is not required for purchase, but customers must be 21 or older.
You may wonder why it’s legal for us to sell gummies with THC when cannabis remains illegal under federal law. The answer lies in the Agriculture Improvement Act of 2018, commonly known as the “farm bill.”
Cannabis, Hemp, and U.S. Marijuana Laws
To understand the significance of the 2018 farm bill, we need to revisit a little bit of U.S. history. In 1937, the U.S. government passed the Marihuana Tax Act. The act imposed heavy taxation on anyone involved in importing, manufacturing, selling, dispensing, or prescribing marijuana, among others. Furthermore, the government’s definition of marijuana did not make a distinction between cannabis and hemp.
Since taxes on marijuana were so high, and dodging taxes is illegal, the act effectively outlawed cannabis and hemp. During World War II, the U.S. government lifted the Marihuana Tax Act temporarily and encouraged farmers to grow hemp. Hemp was quite a valuable resource during the war. It was used to make rope for the Navy, among other supplies.
After the war, hemp production in the United States declined quickly. There was no longer a wartime demand for hemp and the Marihuana Tax Act went back into effect.
In 1969, famed psychedelic drug advocate Timothy Leary challenged the Marihuana Tax Act on the grounds that it was unconstitutional. Leary argued that the act violated the Fifth Amendment, which protects individuals from self-incrimination. In a unanimous decision, the Supreme Court agreed with Leary and overturned the Marihuana Tax Act.
But it wasn’t long before Congress stepped in with much more broad legislation. In 1970, the federal government enacted the Controlled Substances Act, which prohibited all forms of cannabis, including hemp. The CSA established a series of five “schedules,” which categorize controlled substances according to their abuse potential.
The government placed cannabis under Schedule I, which is reserved for substances with “a high potential for abuse.” Schedule I substances also have “no currently accepted medical use in treatment in the United States.”
To this day, cannabis remains federally illegal and classified as Schedule I. But hemp farming made a big comeback thanks to new legislation passed in 2018.
The Farm Bill, Hemp, and Federal Compliance
Every five years or so, the government renews the Agriculture Improvement Act and updates many of its policies regarding agriculture. The policies updated in each farm bill include farm income support, food assistance, and trade. U.S. lawmakers have passed 18 farm bills to date.
The 2018 farm bill made some interesting and significant changes to hemp in the United States. First, it formally declassified hemp as a Schedule I controlled substance. The bill also legalized the cultivation, possession, sale and distribution of hemp in the U.S.
To qualify as hemp, the plant or hemp-derived product must contain no more than .3% Delta-9 THC by dry weight. Hemp plants often have (and are bred for) significant amounts of cannabidiol, a phytocannabinoid known more commonly as CBD.
Now, here’s the part where things get interesting. Although hemp plants, as defined by law, contain less than .3% delta-9 THC, that THC can still be extracted. There are also laboratory techniques for synthesizing THC from CBD.
In both scenarios, the THC comes from hemp, not cannabis. The law requires hemp products to contain less than .3% THC by weight, which allows for small amounts of THC.
Let’s look at KindlyMD gummies as an example. A single KindlyMD gummy weighs about 4 grams. This means we have room for about 12 milligrams of Delta-9 THC before it exceeds the federal limit of .3%. Our Missy’s Micros gummies have 3 mg of Delta-9 THC per gummy. The CBG Blend and CBN Blend gummies each have 5 mg Delta-9 THC. All three of these products are legal because they're made with hemp-derived cannabinoids in compliance with federal law.
Could I Test Positive for THC After Using KindlyMD Gummies?
Yes, all three formulations of KindlyMD gummies contain Delta-9-THC and using them could result in a positive (failed) drug test. Most THC tests are conducted on urine samples and can detect THC metabolites for up to 30 days after ingestion.