What is contained in this package might look like marijuana, but it is actually a legal hemp derived product. Testing at an analytical laboratory confirms this product contains a delta-9 tetrahydrocannabinol (THC) concentration that does not exceed 0.3% by dry weight, which is the legal standard for lawful hemp under the Agriculture Improvement Act of 2018 (2018 Farm Act).

This historic legislation establishes the legality of industrial hemp produced in state approved agricultural programs. An important legal distinction also appears in the first sentence of this act, stating "Notwithstanding the Controlled Substances Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of title 41, United States Code, or any other Federal Law". The term "notwithstanding" was widely used by the 114th Congress as a way to supersede previous laws that may apply, without going through the process of overturning them. This confirms that hemp, as defined by Congress, cannot be considered "marijuana" under the CSA.

According to 7 U.S.C. 5940, the term "industrial hemp" means the plant Cannabis Sativa L. and any part of such plant, whether growing or not, with a Delta-9 tetrahydrocannabinol (Delta-9 THC) concentration of not more than 0.3 percent on a dry weight basis. Only the delta-9 THC level is relevant. This hemp product has a delta-9 THC level on a dry weight basis lower than 0.3% and, therefore, this product is hemp and is legal to possess and sell.

This right applies in any state pursuant to the Full Faith and Credit Clause, Article VI, Section 1 of the Constitution, the Supremacy Clause, Article VI, Section 2 of the Constitution, and the Equal Protection Clause, Section 1 of the Fourteenth Amendment.