Is CBD Legal? The Drug Enforcement Agency declared in September 2018 that Epidiolex, a CBD-based medication derived from medical marijuana with no more than 0.1% THC, has been rescheduled.
President Trump then signed the Hemp Farming Act, also known as the 2018 Farm Bill, which encouraged more investment in the already quickly expanding sector.
Regarding the legal status of CBD in the United States, there are still a lot of myths out there.
Is CBD legal?
You shouldn’t interpret this post as legal advice since we are neither attorneys nor legal authorities. However, we’ve made every effort to give you the most accurate information possible about cannabidiol’s legal standing in the USA.
We’ll discuss the existing legal framework governing marijuana and CBD supplements, including any inconsistencies, in this post.
We’ll also discuss CBD’s future in light of previous incidents with other (similar) natural health products.
What is the current Legal Status of Cannabidiol?
Cannabidiol is still listed as a Schedule I substance under the Controlled Substances Act (CSA), which means it has a “high potential for abuse” and no recognized medicinal purpose.
The cannabidiol derived from marijuana plants, which also contain sizable amounts of THC, the psychoactive ingredient in cannabis, is the only type of cannabidiol to which this rule applies.
Industrial hemp-derived CBD is not included by the CSA, hence it is currently allowed on a federal level as of the 2018 Farm Bill.
As long as they adhere to specific rules, businesses are now permitted to grow, produce, sell, and ship hemp and goods containing CBD across state boundaries.
Is There a Legal Catch for CBD from Hemp vs. Marijuana?
Members of the Cannabis plant family, both hemp and marijuana have a lot of CBD to offer.
Since hemp and marijuana are of the same species, they are comparable on a variety of levels. Inexperienced CBD consumers frequently confuse these two plants due to their aesthetic resemblance.
On a molecular level, however, hemp and marijuana differ significantly.
While marijuana has a high concentration of THC (up to 30% of its dried weight), hemp is reported to produce very little (less than 0.3%).
Because marijuana normally contains less CBD than hemp, unless it has been specifically produced for that purpose, it has stronger mind-altering effects and is still banned on a federal level in the United States and many other nations.
Now that you are aware of the fundamental distinctions between hemp and marijuana, it is time for us to elaborate on the varying legal standings of cannabidiol.
Legal Status of CBD Derived from Marijuana
Just like hemp, marijuana plants may also be used to extract CBD.
While the THC level of marijuana can vary greatly and frequently exceeds the legal 0.3% limit, some marijuana strains are developed to contain high CBD amounts.
In fact, marijuana’s THC concentrations can be just as high as its CBD levels.
The fact that medical marijuana is not legal everywhere is thus a concern. The federal and state rules governing CBD extracted from marijuana differ noticeably in the United States.
Federal Marijuana Laws
The Controlled Substances Act lists marijuana as a Schedule I substance.
Despite being permitted for both medical and recreational use in ten US states, and in spite of what current research on the advantages and risks of cannabis usage indicates, the possession, use, sale, and transportation of marijuana are all regarded as federal offenses.
More candidates than ever are playing the federal legalization card as the 2020 elections draw near, which could make it the dominant topic of discussion among politicians from both the Democratic and Republican parties. Cannabidiol’s legal status appears to be about to shift once more in favor of proponents of marijuana.
State Marijuana Laws
In ten US states, including marijuana and hemp, cannabis will be acceptable for both medical and recreational purposes by the year 2020.
CBD produced from marijuana is only permitted for medical use in 47 states. States may have different requirements; some are more lenient when it comes to the medical use of cannabidiol, while others only allow it in very narrow situations (like an approved medical diagnosis).
Idaho, Nebraska, and South Dakota are the three states that have taken a strong position against CB produced from marijuana. Even cannabidiol generated from hemp is mired in a legal limbo in those particular states.
Where is CBD derived from marijuana legal?
States that have laws allowing CBD extracted from marijuana to be used both recreationally and medicinally include:
- Washington DC
States that permit the medicinal use of CBD produced from marijuana for a variety of ailments include:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- West Virginia
States with laws allowing the use of marijuana-derived CBD in specific situations include:
- North Carolina
- South Carolina
Most of these states’ laws mandate that before patients can buy CBD derived from marijuana, they must first qualify for a medical marijuana card. These criteria change based on the regulations of each state.
Legal Status of Industrial Hemp-Derived CBD
Is hemp-derived CBD officially legal?
Short answer: Yes, provided that it is developed in accordance with the guidelines established by US law.
CBD made from hemp was considered illegal until 2018. The 2014 Farm Bill made it lawful to use hemp for research and industrial purposes, but commercial sales of CBD products produced from hemp remained illegal.
Many corporations used this legal loophole as justification for selling CBD oil despite the legal ambiguity surrounding it. This legal loophole allowed enterprises to sell hemp products made from industrial hemp stalks and seeds.
Naturally, the stalks contain little to no CBD, and the seeds are entirely devoid of cannabinoids.
The Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill, which we’ll cover in the section below, was passed by President Trump and brought about a shift in the situation.
Farm Bill 2018
Hemp was no longer included as a Schedule I drug in the 2018 Farm Bill and was instead designated as a “agricultural commodity.”
The 2018 Farm Bill is frequently misunderstood as reclassifying CBD regardless of its source. That is untrue.
According to DEA recommendations, marijuana’s CBD is still a Schedule I substance and is therefore still prohibited on a federal level.
However, the CBD in question does not come under the Controlled Substances Act if it originates from hemp plants and complies with the following rules established by the new Farm Bill:
- The hemp must have less than 0.3% of THC
- The hemp must follow the shared state-federal regulations
- The hemp must be grown by licensed growers
In addition, the 2018 Farm Bill eliminated prohibitions on the cross-state movement of hemp-derived CBD products and permitted their sale, transportation, and possession as long as the items comply with the criteria outlined above.
Full-Spectrum CBD vs. Isolates: The Future of Cannabidiol
The legal status of CBD in the US needs to be clarified, and there is still much work to be done.
Prior to Epidiolex’s clearance, the FDA made it clear that CBD cannot be classified as a dietary supplement because it is no longer an approved investigational new drug (IND) as defined by the Food, Drug, and Cosmetic Act (FD&C Act).
Therefore, pure CBD cannot be referred to as a nutritional supplement.
This circumstance is nothing new. In a similar situation, the pharmaceutical company Biostratum asked the FDA to take action against producers of dietary supplements rich in pyridoxamine since Biostratum had submitted an IND for pyridoxamine dihydrochloride.
As a result, only pharmaceutical firms are authorized to market medicines containing pyridoxamine.
Another instance of this kind occurred in April 1997 when the FDA informed another business, Pharmanex, that their product, Cholestin, was a medicine and not a dietary supplement.
Mevinolin, a component of red yeast rice that has been found to decrease cholesterol levels, had a high cholesterol content. Mevinolin and lovastatin, a Merck medication that has received FDA approval, are structurally identical.
The FDA discovered that Cholestin was produced with lovastatin levels that were higher than those seen in conventional red yeast rice products, making it more similar to a medication than a dietary supplement.
In contrast to Epidolex, which contains 99% CBD, the great majority of hemp-based products are full-spectrum extracts with CBD concentrations by weight seldom topping 15%.
Given the precedents mentioned above, it’s probable that the FDA will place restrictions on the labeling of goods infused with separated CBD but not hemp extracts that naturally contain cannabidiol levels.
The legal status of CBD at the moment is still changing, notably in terms of the rules it must follow in relation to the CSA and the FD&C Act.
If we want to definitively determine the legality of CBD, there is, in fact, a need to reschedule cannabis overall on a federal level. You can currently consume CBD products without restriction as long as they are made from industrial hemp and have a THC content of less than 0.3%.
You must reside in a state or nation that permits the recreational or medical use of marijuana if you want to purchase CBD extracted from marijuana.
The legal position of cannabidiol is more unclear outside of the US. We advise you to get in touch with your country’s justice department for more information because cannabis regulations might differ from one nation to the next.
We sincerely hope that this guide has improved your comprehension of this challenging topic. As always, we want you to educate yourself on CBD and its potential advantages because we think informed customers are satisfied customers.