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Did you know that in 2018, CBD that is derived from hemp became legal? Ever since it became legal it has caused a bit of confusion when it comes to legalities. If you are wondering “is CBD federally legal?” you are in the right place.
We are going to go over all the details in the article below.
Is CBD Federally Legal?
The law that we mentioned above is known as the Farm Bill or the Agriculture Improvement Act of 2018. This is where CBD is legal as long as it does not contain more than 0.3% THC (by dry weight). It also has to be derived from hemp in order to be considered legal CBD.
Farmers that grow hemp have to grow it and produce it in a manner that is consistent with the Farm Bill. It also has to be grown by a licensed grower. If the hemp is grown by someone that is not licensed then according to federal laws any CBD they produce is illegal.
If the CBD comes from the marijuana plant then it is considered illegal. This CBD is still not legal under the Controlled Substances Act because marijuana is a Schedule I drug.
Even though CBD that is derived from hemp is federally legal, there are many states and cities that are updating their local laws and they are not in line with federal regulations. If you want to use CBD products in your state, always take the time to research and see what your state law is in regards to CBD products.
To stay up to date you can keep up with state laws on the National Conference of State Legislature’s site where they have every state listed. For cross-reference, you also want to verify your state’s agricultural department.
There are states where CBD that is sourced from the marijuana plant is legal and the amount of THC is not a problem per that specific state law.
As of the writing of this article, there are three states where CBD is not legal at all. These states are Idaho, Nebraska, and South Dakota. This means that under no circumstances are CBD products sold in any of these states.
Hopefully, with the other 47 states having more relaxed laws about CBD, and federal law legalizing hemp-derived CBD, these states will soon change their minds. If you live in one of these states and want to use CBD products we recommend you continue checking for any law changes.
Due to different states having different laws on CBD, the growth and interstate transportation of CBD oil is not legal within state borders.
CBD Approved Products
Because laws are still being worked out on a federal and local level, finding CBD products that have the lowest legal risk will require some extra research. You can check the manufacturer’s website for the origin of the hemp they use for the CBD product. What you are looking for is that it is grown in the United States.
Also, look for a certificate of analysis (COA). This will show the results of independent lab testing that checks for potency and contaminants. The COA will have a batch number that you want to compare and make sure it matches the number on the product’s packaging or label.
When you are reviewing the COA you want to make sure that the lab doing the testing meets the ISO 17025 standards. You also want to check if the testing methods were also validated by at least one of the three national regulatory organizations. The three organizations are the U.S. Pharmacopeia, the Association of Official Agricultural Chemists, and the American Herbal Pharmacopoeia.
When a manufacturer is not transparent about their testing and COA then it is a red flag. Those products should be avoided because you could technically be breaking the law by buying these CBD products.
US Food and Drug Administration
The FDA clarified that Congress had preserved the agency’s’ authority to regulate products that contain cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act. The FDA considers CBD a drug ingredient because it is an approved prescription drug (Epidolex).
For this reason, it means that CBD can’t be marketed as a dietary supplement with therapeutic properties. Even if the products are derived from hemp, the FDA does not allow it. With so many CBD products in the market today, from pills to edibles to oils, etc, the FDA is trying to figure out whether to give CBD the green light or not.
CBD Legalities Outside the U.S.
In many countries around the world, CBD products are legal. The level of their legality and the classification of CBD varies from country to country. In some countries, CBD products are listed as prescription medications.
Other countries have CBD products sold as consumer products. Because other countries might not have strict guidelines on where the CBD is derived from, it is not recommended to buy internationally, instead stick to buying in the United States alone after researching the manufacturer of the product.
Feeling Like a CBD Pro?
Now that you know the answer to the question “is CBD federally legal?” you can use your knowledge to keep yourself out of any legal trouble. Always look for CBD that is derived from hemp, grown by a licensed grower and a reputable manufacturer.
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