In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws- this also includes US territories like Puerto Rico. Before we dive in on Puerto Rico Hemp Laws and the legality of CBD in Puerto Rico, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Puerto Rico
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Puerto Rico?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Not all hemp and CBD products are legal in Puerto Rico. Puerto Rico hemp laws explain that hemp flower and final products need to contain less than 0.3% total THC. This is a lower level than '0.3% delta-9-THC.' At first glance, Puerto Rico hemp laws seem to allow 0.3% delta-9-THC, but if you read on, they elaborate that this is total THC, the decarboxylated THCA plus the delta-9-THC.
Acceptable Hemp THC Level: when the application of the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol content concentration level on a dray weight basis produces a distribution or rage that includes 0.3% or less. ...
A State Plan ... shall also include a procedure for the test, using the post-decarboxylation method or other similar reliable methods, of the concentration levels of Hemp delta-9-tetrahydrocannabinol produced in the state or territory.
Puerto Rico Department of Agriculture Hemp Program
Is It Legal to Ship PCR Hemp Oil to Puerto Rico?
Under Puerto Rico hemp laws it is still a bit unclear if US hemp is legal. Historically, shipping hemp to Puerto Rico has been allowed. However, the Puerto Rico Hemp Plan requires distributors and importers to be licensed with the territory and report their activities and products to the government. This seems to prohibit online retail sales to individuals by US companies.
A License for the Importation and Distribution of Hemp Products for Consumption granted by the OLIC allows for the importation and/or distribution of Hemp derived products for human or animal consumption. This includes Hemp derived products for human or animal consumption containing CBD in any form.
Distributors of Hemp derived products for human and/or animal consumption must comply with the requirements of this license regardless of whether the products to be distributed are imported or locally produced.
Puerto Rico Department of Agriculture Hemp Program
Where to Buy Full Spectrum CBD Oil in Puerto Rico?
If you are looking to buy CBD in Puerto Rico, your best option may be to purchase at a licensed local establishment.
Do you need a special license to purchase PCR Hemp Oil in Puerto Rico?
You don’t need a special license to purchase CBD hemp oil (all types) in Puerto Rico, only to grow, test, or sell products.
How Does Puerto Rico Legally Define Hemp?
Hemp: the plant Cannabis sativa L. and all derivatives, extracts, Cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.
Puerto Rico Department of Agriculture Hemp Program
Growing and Selling Hemp in Puerto Rico
Puerto Rico hemp laws have been approved by the USDA. These laws establish a hemp cultivation plan and regulations for CBD and hemp in Puerto Rico. Since Puerto Rico is a US territory, these lucky islanders can legally by US hemp as well.
The Puerto Rico Department of Agriculture Hemp Program (PRDAHP) oversees and implements Puerto Rico hemp laws. Puerto Rico Hemp Licensing and Inspection Office (OLIC for its Spanish abbreviation) is the body responsible for supervising hemp cultivation and CBD manufacturing and distribution.
Puerto Rico Hemp Testng Requirements
- Hemp that does not meet THC requirements must be destroyed according to DEA regulations as set forth at 21 CFR 1317.15, or other approved methods.
- In addition to the total THC concentration test, the OLIC may request additional testing such as:
Detection of contaminants
Microbial counts
Concentration of heavy metals
Presence of herbicides or pesticides - OLIC reserves the right to re-submit samples taken to a private authorized laboratory to the Agrological Laboratory.
- Laboratories must be licensed by the OLIC, registered with the DEA, and accredited in compliance with state and federal laws and regulations.
- OLIC and/or USDA may require in the future that authorized laboratories have ISO 17025 accreditation.
- Laboratories must comply with the requirements described in the USDA-AMS interim final rules at 7 CFR Part 990
Puerto Rico Hemp Licenses
There are many types of hemp licenses required by Puerto Rico hemp laws. These include:
- Seed Distributor License (allows importing, distributing, selling and exporting viable hemp seeds for sowing)
- Manufacturing License (purchasing, processing, creation, sale, and importation of hemp-derived products into Puerto Rico and the exportation of them)
- Laboratory License (for testing labs)
- Hemp Cultivation License (for growing hemp)
