With so many changes across the US, most people ask, is CBD legal?” the use of CBD has remained controversial since there is no understanding of what this really is and what it can do. Most people confuse THC and CBD, but you should know that THC is the psychoactive component of cannabis. On the other hand, CBD is not addictive or psychoactive. To be precise, it can actually help individuals to recover from addiction.
As discoveries have continued emerging, the stigma around CBD has continued fading away. CBD oil demonstrates positive effects among people who have epilepsy, arthritis, and sleep disorders, to name a few. The question, however, remains to be, is CBD legal? To get an accurate and full answer to this question, there is some important information you need to know about CBD.
A Short Brief About CBD?
CBD is among the most prevalent cannabinoids of the cannabis plant. From a general point of view, CBD is believed to have so many therapeutic and medicinal qualities. The good thing about the cannabinoid is that it does not contain the intoxicating buzz. You can source CBD both from marijuana or hemp plants. The latter is legal in several areas, given their low THC content. Researchers have spotted several potential benefits associated with CBD, including relief from anxiety, seizures, and inflammation. Given that research is ongoing, there is the continued growth of evidence as far as CBD’s potential efficacy in different medical applications is concerned.
Is CBD Legal?
Most people always ask, is CBD legal? To answer that question in a general way, our answer will be yes. All the same, protections will only extend to that CBD that is cultivated from the hemp plants. The reason for that is that CBD from hemp has a THC concentration of not more than 0.3%. In simple terms, CBD derived from marijuana is still under scrutiny as far as its legality is concerned. If you are looking for CBD sourced from hemp plants, it is possible to buy such products easily. To your surprise, it can turn out to be legal in several U.S states, contrary to your expectations.
The New Farm Bill
Is CBD oil legal in all 50 states? A farm bill was passed back in 2014 that instilled some research pilot program. Through this program, state agricultural departments and authorized universities were given the go-ahead to grown and study hemp under specific conditions. All the same, the 2018 farm bill further change how hemp was grown and studied. After President signed into law the 2018 farm bill, hemp seized being under controlled substances. In this regard, the many restrictions around it were lifted. Therefore, the 2018 farm bill is a big leap for individuals looking to access different CBD products.
Even though hemp is not on the controlled substances list anymore, its production is no authorized in every state. Regulations of hemp and CBD will differ from one state to the other. With this new bill, there will be more freedom for farmers, producers, and scientists to learn more about CBD and CBD-related products.
What Does The FDA, Federal And State Laws Say About CBD?
What Does The FDA Say?
Is CBD legal according to the FDA? The FDA has just approved one CBD product, a prescription drug that treats 2 rare but severe forms of epilepsy. It is currently not legal to market CBD by adding it to food or labeling it as some dietary supplement. The FDA has accessed only limited information concerning CBD’s safety. This points to the real risks that should be considered before using CBD for whatever reason. Some CBD products have continued being marketed with no proven medical claims and unknown quality. The FDA will update the public on any changes to CBD.
What Federal Law Says
As per federal law, is CBD legal? Under federal law, CBD is legal. However, CBD is under regulation when sold with the claim of therapeutic benefits. The federal policy maintains that CBD oil’s addition to your food is similar to adding prescription drugs. In simple terms, it remains forbidden unless prescribed by a doctor.
What State Laws Say
Even though CBD derived from hemp is legal on the federal level, most cities and states have updated their laws. The sad thing is that they aren’t always in line with the federal regulations. For example, Colorado legalized the use of all hemp plant parts as a food ingredient. In Texas, however, products that have any THC amount are legal. With that, the best way to determine whether CBD products are legalized in a certain state is by reading the local cannabis laws.
States Where CBD Is Legal
Is CBD legal in all 50 states? As of now, 47 U.S states out of 50 have already legalized the selling and the use of CBD products derived from hemp. This means that the states have passed laws that allow CBD extracts in all its forms for use. Below are the states where CBD is legal:
|List of States|
|District of Columbia||Florida||Georgia||Hawaii|
|Mississippi||Nevada||New York||North Dakota|
|New Hampshire||New Mexico||North Carolina||New Jersey|
|Rhode Island||South Carolina||Texas||Tennessee|
States Where Is CBD Illegal
There are a few U.S states that have put in place laws that prohibit the use and sale of CBD and hemp products. These include:
- Idaho- as per the Idaho state laws, all the hemp-derived CBD products are required to meet 2 conditions if they are legal. To begin with, they must contain completely no THC, even the recommended 0.3 percent. Second, the CBD products must be classified as “non-marijuana” under the required Idaho codes. To put it simply, CBD will only be taken from particular parts of the hemp plant.
- Nebraska- in Nebraska, CBD remains illegal even though the hemp-derived CBD was later decriminalized. This was after a government bill that was passed on 30th May back in 2019. Nebraska LB 657 later removed hemp as well as the hemp-derived products from the list of controlled substances. All CBD products being sold in Nebraska should contain no more than 0.3% THC. Apart from that, CBD products should follow the required manufacturing, testing as well as delivery rules.
- South Dakota- the South Dakota government has been very clear that industrial hemp, as well as CBD oil in any form, remains illegal in the state. All the same, law enforcement leaders in particular counties say that people having CBD will not be prosecuted.
Will CBD Show On A Drug Test?
Isolate molecules have no THC by all means. This, therefore, means that there will be no risk for consumers who are using the isolated product failing drug tests. Full-spectrum is mainly considered more effective since all cannabinoids will work in the body together. The result of this will be an entourage effect, and isolating CBD might not offer the same benefits. Full-spectrum products will contain THC, but that will never exceed 0.3%, which is the required limit. However, it is worth noting that people who wish to consume full-spectrum products daily for a whole year and at a higher dose are not that safe. This is because it is believed that THC can buildup to levels that can CBD show up in drug tests.
The Bottom Line
Is it legal to buy CBD? Even though CBD from hemp can be considered legal, many factors must be kept in mind. Every state will have its own regulations when it comes to CBD. The bad thing is that these rules are subject to change. For that reason, you need to keep yourself updated with these changes to ensure that you are not on the wrong side of the law. Having said that, is CBD legal? It is good that we mention that the legal landscape around CBD is not completely clear. The good thing is to familiarize yourself with the state laws regarding CBD and hemp before proceeding to purchase or use these products.