Is CBD Oil Legal?

The popularity of CBD has been on the rise in recent years. It can be found as a variety of products, including tinctures and capsules for purchase at your local grocery store! Despite its widespread availability however there is still much confusion regarding what exactly this product entails- not just legally but also scientifically too.

In the United States, there are both federal and state regulations regarding CBD use. Knowing which one applies to you can be key when it comes time for consumption of this cannabinoid safely or legally.

What is CBD?

CBD, or cannabidiol, is a cannabinoid found in cannabis plants. Unlike its better-known counterpart THC, CBD does not have any psychoactive effects. This means that CBD does not cause the user to feel high when consumed. CBD can be extracted from both marijuana and hemp plants, though it is most commonly seen in products made from hemp CBD.

The 2018 Farm Bill

In December of 2018, the United States Congress passed the 2018 Farm Bill. This bill federally legalized the cultivation and use of industrial hemp nationwide- as long as it contained less than 0.3% THC concentration on a dry weight basis. This bill effectively removed CBD from the list of Schedule I drugs, making CBD federally legal so long as it meets this criterion.

However, it’s important to note that individual state legislatures still have the power to outlaw CBD or impose their own restrictions on its use. As of right now, 33 states have legalized CBD for medicinal purposes while 11 have made it legal for recreational use. CBD products bought in stores or online might not be legal in your state, so it’s important to do your research before making a purchase!

The FDA and CBD

The U.S. Food and Drug Administration (FDA) has not yet approved CBD for any medical conditions. The agency is currently working on crafting regulations regarding CBD products but has not released any definitive rules as of yet. This leaves the CBD market in a bit of a grey area until further notice from the FDA.

That being said, the FDA has approved one CBD-based medication- Epidiolex- for the treatment of two rare forms of childhood epilepsy, Lennox-Gastaut syndrome and Dravet syndrome. CBD products cannot be marketed as treatments or cures for any other medical conditions until the FDA provides further guidance.

CBD Legalization by State

The legal status of CBD is tricky to understand. Some states allow its use legally, while others have laws that make it illegal in certain circumstances and sometimes even for possession or sale altogether depending on where you live (the United States). The following list can help you determine if CBD is legal in your state.

Summary

CBD is a cannabinoid found in cannabis plants that does not have any psychoactive effects. CBD can be extracted from both marijuana and hemp plants, though it is most commonly seen in products made from hemp CBD. In December of 2018, the United States Congress passed the 2018 Farm Bill, which federally legalized the cultivation and use of industrial hemp nationwide- as long as it contained less than 0.3% THC concentration on a dry weight basis. This bill effectively removed CBD from the list of Schedule I drugs, making CBD federally legal so long as it meets this criterion. However, it’s important to note that individual state legislatures still have the power to outlaw CBD or impose their own restrictions on its use.

The U.S. Food and Drug Administration (FDA) has not yet approved CBD for any medical conditions but has approved one CBD-based medication- Epidiolex- for the treatment of two rare forms of childhood epilepsy. CBD products cannot be marketed as treatments or cures for any other medical conditions until the FDA provides further guidance. CBD legalization by state can be tricky to understand, as some states allow its use legally while others have laws that make it illegal in certain circumstances and sometimes even for possession or sale altogether depending on where you live.