CBD oils have been making excellent progress in the market since its recent introduction. Much to the dismay of the booming CBD business, misconceptions prevail in the minds of people. Many questions about the legal status of CBD have been arising.
CBD products are cannabinoids obtained from the hemp plant. Hemp plant and marijuana belong to the cannabis family but CBD is not marijuana. The intoxicating content in marijuana is THC, which is present in minimal amounts or not present at all in CBD.
Is CBD Legal in the US?
What makes CBD legal is its source. Technically speaking hemp plant and marijuana plant belong to the same family but they are very different from each other. The content of THC is what makes them different. Hemp derived CBD has less than 0.3% THC while marijuana derived CBD has a higher percentage of CBD, which makes it intoxicating.
Hemp derived CBD is legal in all states of the US.
2018 Farm Bill
Intoxicating substances are included in the Federal Controlled Substances list, which has five schedules. Products are included in respective schedules according to their degree of toxicity. 2018 Farm Bill removed hemp derived CBD from the schedule I of the list and reclassified it as an ‘agricultural commodity’.
It does not mean that all CBD got removed from the schedule. The bill is exclusively about hemp derived CBD. In addition to that, the CBD has to follow these guidelines strictly.
- The THC content in the CBD has to be less than 0.3%.
- The hemp farmer should have proper license.
- All of the state-federal regulations have to be followed.
The farm bill removed the restrictions on possession, transport, and sale that existed earlier. Hemp derived CBD products can now be transported across state lines provided all the regulations are correctly followed.
Legal Status of Marijuana Derived CBD
When it comes to marijuana derived CBD, things get complex. Marijuana-derived CBD is not legal like hemp-derived one and it still is a Federal Controlled substance. Policies of states on production, sale and sale of marijuana derived CBD is different. As of 2019 10 states have legalized the recreational use of marijuana derived CBD while some 47 states have legalized its medicinal use and not recreational use.
Three states, namely Idaho, Nebraska and South Dakota have strictly prohibited the sale and use of marijuana derived CBD.
Legalization of CBD was a result of government discretion and it has helped people seek the medical benefits of CBD.