If you’re considering making CBD a part of your day-to-day life – or if it already is – you’re in good company. A growing number of people are taking advantage of CBD’s plant-based properties and incorporating it into their lifestyle. However, there’s considerable confusion centering around CBD’s legal status, and that’s understandable. Between federal rulings, state laws, and ever-changing regulations on the sale and purchase of CBD and Cannabis products, it can be tough to understand if and where CBD is legal.
And for many people interested in CBD, it definitely doesn’t help that the answer to the question “Is CBD legal in all 50 states?” falls somewhere along the lines of “yes, sometimes, and it depends!” So, to help clear up some of the confusion, we’re doing our best to outline all the basics of the legal status of CBD, where the law draws the line, and why the topic falls into such a gray area.
Where is CBD Legal?
This may seem like such a simple question, but it’s actually one that has a pretty complicated answer. Before being able to determine whether CBD is legal in your state, there are a few other bases you’ll need to cover first. Let’s walk through a couple of questions that can help you determine whether a particular CBD product may or may not be legal where you live.
Where Does CBD Come From?
First, it’s critical to consider the source of the CBD. CBD stands for cannabidiol, a plant-based molecule that is derived from the Cannabaceae plant family. It’s one of many naturally-occurring molecules known as cannabinoids, with the other commonly-known molecule being THC, or tetrahydrocannabinol, which is generally known as a key ingredient in marijuana products.
The Cannabis genus includes a variety of specific species, including the plants commonly known as hemp and marijuana. CBD oils and other products can be created using both of these plants, but the end result – and its legality – depends greatly on which one. Extracts from the hemp plant will normally contain higher concentrations of CBD and lower levels of THC, while marijuana usually contains higher levels of THC and lower concentrations of CBD. However, CBD can be sourced from marijuana without violating any laws as long as proper refinement techniques that reduce the THC content to no more than 0.3 percent are performed. If a CBD product has more than 0.3% THC, it is subject to the restrictions found within the Controlled Substances Act
Where Do You Live?
Where you live can impact the legality of CBD products. Regulations are changing all the time, so make sure to check your local state and municipality laws regarding its use. The main takeaway is that CBD products are federally legal as long as they contain no more than 0.3% THC content. As long as you stay focused on hemp-derived, low-THC CBD products that follow the latest guidelines, your CBD experience should remain a worry-free one.
What the 2018 Farm Bill Means for CBD
The 2018 Farm Bill legalized the cultivation of hemp containing no more than 0.3% THC, with the ultimate goal being to pursue further governmental research. It seems that the government and its agencies understand that the hemp plant – and by extension, CBD – can hold considerable promise in a variety of applications. There’s still plenty to learn, and the 2018 Farm Bill opens the door for progress towards new knowledge.
The Farm Bill also removed hemp-derived products from classification as a Schedule I Control Substance. However, any cannabinoid (not just CBD) derived from hemp can only be considered legal if the hemp has been cultivated by a licensed grower according to all federal and state regulations – that’s where the 0.3 percent (or less) of THC comes in. Using this information, it would seem safe to conclude that at present, CBD products with no more than 0.3% THC, produced using federally-approved plants, are legal to use.
Legal CBD: Staying Informed
It’s important to know that the entire CBD industry is evolving at an incredible pace. New regulations are constantly being considered and passed, and what’s legal (or illegal) today may not be tomorrow. As a result, it’s never been more important to stay informed. Educating yourself about the legalities of CBD, including your state’s laws, is key to ensuring you’re using CBD lawfully.
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