Hemp flower, defined by Federal laws as the cannabis Sativa L. plants with less than 0,3% delta-9 THC on a dry-weight basis, was Federally legalized in December 2018 with the Agriculture Improvement Act of 2018 ( 2018 Farm Bill). Following the 2018 Farm Bill, CBD and CBG products became legal as a naturally occurring compound found within the hemp flower plant. A majority of states amended their Controlled Substance Acts (CSAs) to exempt hemp flower, thereby also exempting hemp CBD and CBG products.
CBD hemp is legal to possess and process as a derivative
Even in states where CBD hemp is legal, smoking hemp cigarettes may not be. There are currently states where smoking hemp flower and CBD cigarettes is allowed, with no regulations concerning smokable hemp flower. Accordingly, smoking hemp flower (industrial hemp with less than 0.3% delta-9 THC) is legal in those states.