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Due to its ability to naturally treat dozens of chronic conditions, the demand for Cannabidiol (CBD) has skyrocketed. As the popularity of the hemp-derived compound has begun to shift, so has the legal status of CBD in many states across America.
Legality of CBD as a whole is still very unclear due to different laws in different states. Because of this, many are deterred from using CBD, and instead of gaining the benefits of CBD, they’re stuck wondering: “Is CBD legal?”
The legality of Cannabidio) from hemp is based on a 2004 unanimous ruling by the 9th Circuit Court of Appeals, which determined that the DEA “cannot regulate naturally-occurring THC not contained within or derived from marijuana, i.e., non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled.”
The answer is not exactly straightforward.
Cannabidiol oil (CBD Oil) is made from cannabis, but is non-psychoactive. CBD oil that is made from industrial hemp is legal in the US. Recently, shops selling CBD oil products have been popping up all over the metroplex, with promises for relief. The Texas Department of State Health Services has begun to crack down on retailers selling food products made with CBD oil, claiming they have the power to regulate any food product that contains CBD oil.
BUT NOT ALL CBD OIL IS LEGAL. If there is any trace of THC in the CBD oil, the user could face prosecution for misdemeanor Possession of a Controlled Substance (Not in a Penalty Group). Texas also has banned the sale of smokable flower beginning August 2, 2020 by local retailers, however, you can still purchase smokeable products online from other states at this time.
While it’s true that CBD is legal in all 50 states, there are situations when it isn’t legal.
The difference between legal and illegal typically depends on several important factors determined by the state in question. There is, however, one very important factor that is a crucial determinant across all states, and that is “where the CBD is derived from–hemp or marijuana?”
Marijuana-derived CBD with less than .5% THC is legal for intractable epileptic patients who previously tried 2 other FDA-approved drugs.
While most of us understand the difference between CBD isolate and full spectrum CBD, there is another less known, but very important difference when it comes to CBD legality: If the CBD was derived from hemp or from marijuana. Now, marijuana and hemp are both members of the cannabis family, so they do share a lot of characteristics. There is, however, a crucial difference between the two: the amount of psychoactive Tetrahydrocannabinol (THC) each plant produces. While marijuana can contain up to 30% THC, hemp contains no more than 0.3% THC. In other words, marijuana can get you really high, while hemp has such a low amount of THC, that it would be impossible to get high from it. Because hemp has no psychoactive effects, the law has no problem with it. Hemp products are completely legal and available in all types of different industries across in America. Marijuana, on the other hand, is much a different story. And this is why the source of a CBD product is crucial to its legality.
So is CBD legal? If we’re talking about hemp-derived CBD, then the answer is yes. Now, the keyword here is “hemp-derived.” Because CBD from hemp has no psychoactive effects, the purchase, sales, or possession of hemp CBD products are completely legal in all 50 States. Because hemp is sometimes confused with the marijuana plant, there is still some stigma towards hemp-derived CBD, but from a legal perspective, hemp-derived CBD is completely legal and enjoys the rights of any other legal product.
Marijuana-derived CBD products, on the other hand, don’t enjoy the same luxuries. Because it has been derived from THC-rich marijuana, marijuana-derived CBD, even its isolated from, is considered as a byproduct of marijuana and is judged accordingly. In some states, marijuana-derived CBD is completely legal, while in others, it is completely illegal, but in most states, its a bit of a mixed bag, each state having CBD-specific laws. While this political indifference has caused a ton of confusion for consumers, there are a handful of states where hemp-derived and marijuana-derived CBD are completely legal, which just might lead to a nationwide shift for CBD legality. As the CBD movement continues to grow, we are very optimistic that both hemp-derived and marijuana-derived CBD will be completely legal in all 50 states within the next 5 years. Of course, it is still very hard to predict the future, especially given the constantly shifting political landscape, but we can continue to push forward, build awareness, and educate the world about the benefits of CBD.
If you do not live in one of these countries, CBD Oil extracted from a Cannabis Sativa Variety with a THC content less then 0.2% (Hemp) may be not illegal. However, you should inform yourself about the law in your country before ordering.
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