Advice CBD

Is CBD Oil Federally Legal?

Along with skyrocketing demand, CBD oil is becoming legal in some states. Whether it’s at the federal level or the state level, people who understand the benefits of CBD oil are trying to find out if it’s federally legal or only legal in certain states. If so, then where? This is confusing to patients, healthcare providers and healthcare givers. Cannabidiol (CBD) is from cannabis and has shown great promise as a treatment for many diseases and conditions such as seizures, anxiety and even the side effects of chemotherapy. So why isn’t it legal?

That’s a true gray area for many state legislatures as well as the general public. CBD is associated with marijuana, and marijuana is an illegal substance in many states. So without understanding its use as a health supplement, some people are automatically influenced against it. However, as everyone begins to understand the health benefits of CBD and its usefulness, the laws are beginning to change.

The Drug Enforcement Agency Speaks Out

According to the Drug Enforcement Agency (DEA), in May 2018 it made a statement that cannabinoids are not illegal. It states that it depends on where the cannabinoids were derived. It seems like the federal law is more lenient towards CBD that is derived from hemp. Some people cite the 2014 Farm Bill, which allows for the production of industrial hemp under specific circumstances, such as academic research or for a state pilot program. Some states, such as Colorado, have a strong program of growing industrial hemp. Colorado even hosts the first certified hemp seed that was born and bred in the USA.

CBD from Hemp or Marijuana?

Even though marijuana and hemp come from the same cannabis family and share many characteristics, they are not the same. The major difference is in the amount of Tetrahydrocannabinol (THC) they produce. Marijuana is what people take or smoke when they want to feel “high.” Marijuana might have up to 30% THC in each plant, but the hemp has less than 0.3%. So what people see here is that with marijuana and its high percentage of THC, you can get a feeling of being very “high.” THC has the psychoactive component that makes it illegal.

However, if the CBD comes from hemp, there is such a negligible amount of THC, if any, that it would not be psychoactive at all. Therefore, most lawmakers don’t have a problem with legalizing CBD from hemp. In fact you can buy, sell and own products made from hemp CBD in every one of the 50 states. But remember that by the same token, CBD that comes from marijuana does not have the same legal protection in every state. So what has happened is that each state has its own specific guidelines regarding CBD. However, that being said, there are some US states that have legalized both types of CBD. That is the CBD oil coming from hemp as well as CBD derived from marijuana.

Where is CBD Legal?

In 2018, CBD is legal for medicinal use with a prescription in 46 states. Some of those states, however, have specific rules regarding the THC levels in the CBD. But the legal restrictions regarding CBD oil, CBD cream, CBD capsules and edibles are rapidly changing across the nation. Although it’s hard to predict when and where, we are confident that as more people realize the benefits of CBD oil, that it will be legal in more states.


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