According to a 2019 Gallup poll, 14% of American adults say they use CBD products. Unless you’ve been living deep under a rock, you’ve probably caught wind of this increasingly popular cannabinoid.
One of the reasons that CBD is so popular is because it seems to deliver some of the therapeutic benefits of cannabis without the intoxicating high. There are a lot of different reasons that people take CBD, but some of the most common ones are anxiety, sleep, stress, and pain.
If you’re thinking about buying full-spectrum CBD, you might be wondering whether or not you’re considering engaging in an illegal act.
You can definitely say with certainty that full-spectrum CBD oil is legal. However, when you dig into the matter it’s actually a lot more complicated than a black and white answer. Let’s take a look at what you need to know so you can make an informed decision about your CBD purchase.
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The Basics of CBD
Cannabis has been illegal at the federal level since all the way back in 1937. This means that CBD has been illegal, too, up until recently, even though it doesn’t have the mind-altering effects of THC.
In December 2018, the Agricultural Improvement Act of 2018 was signed by President Trump. This bill is also known as the 2018 farm bill.
In short, this bill made it so hemp is no longer a part of the Controlled Substances Act. The federal definition of hemp is cannabis with less than 0.3% THC.
While this does make it seem like all CBD should be legal, it’s actually a little more complicated than that. This legislation certainly paved the way for the hemp industry to expand by legitimizing hemp as an agricultural crop. That being said, the path to legal compliance is a lot hazier.
There are a number of different laws in question here. There are federal laws, state laws, and what can be called “mixed jurisdictional” laws. These are the regulations and rules that are enforced by departments like the FDA.
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Federal Law Regarding CBD
The federal law surrounding your desire to buy full-spectrum CBD gummies is now a bit clearer thanks to the farm bill. The DEA and federal authorities are no longer in the business of arresting people who are growing hemp, extracting CBD, or found to be in possession of either one.
As of February 4, 2021, legislation was introduced by congress with the aim of compelling the FDA to approve CBD to be used in dietary supplements.
State Laws Regarding CBD
The state laws surrounding that Gold Bee full-spectrum CBD oil you’ve had your eye on is a bit murkier. Federal legality doesn’t necessarily mean that something is legal at the state level. Different states have different rules about what is and isn’t legal when it comes to CBD, and a few have made the cannabinoid fully illegal.
The FDA and Potential Future Regulation
As mentioned above, congress introduced a bill in February of 2021 to compel the FDA to allow the sale of CBD products as dietary supplements. At this point, the only drug that is approved by the FDA that contains CBD is known as Epidiolex. This is a medication prescribed for specific rare forms of epilepsy.
The CBD company Charlotte’s Web Holdings Inc. applied to the FDA to allow one of their products to be sold as a dietary ingredient. However, their application was rejected.
The unwillingness of the FDA to create regulatory clarity surrounding CBD is a source of much tension and uncertainty in the CBD industry. The hope, therefore, is that congress will be the one to create a sense of clarity for growers, wholesalers, retailers, and consumers.
Is It Legal to Buy Full Spectrum CBD?
The passage of the 2018 Farm Bill made it so CBD is legal at the federal level so long as it is derived from hemp. However, that actually doesn’t mean that it’s legal in your state. Each state has its own rules and regulations when it comes to unlicensed CBD products.
Full-spectrum CBD contains trace amounts of THC. So long as it has less than 0.3% THC content, it is considered federally legal under the farm bill.
It’s worth noting, though, that state-licensed CBD products that are sold in medical cannabis and adult-use stores follow different rules.
In short, CBD is legal in most states. However, many states have specific restrictions, such as saying that CBD cannot be in food or beverage products.
In the state of Idaho, CBD is legal so long as there is no THC and it is derived from hemp. In the state of South Dakota, it is a felony to possess CBD at this point. Purchase and possession of CBD oil or cannabidiol products is still illegal in the state of Iowa, too.
What Does the Future Look Like for the CBD Industry?
While the 2018 Farm Bill definitely helped create the environment we live in today where CBD products are plentiful and easy to find, there are still a lot of details to be worked out. At some level, CBD still exists in a gray area from the regulatory sense.
After the FDA rejected the application from Charlotte’s Web Holdings, most people in the CBD industry are expecting that the task should fall to Congress to create regulatory clarity.
The CBD business has become an enormous industry, with sales hitting $4.6 billion in the U.S. in 2020.
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