Is CBD Oil Legal?

By now, you will probably have heard the term “CBD”. This compound is used in a number of wellness products and dietary supplements. Plus, it has been suggested in the public domain that it may potentially help with a range of ailments and health issues to improve your lifestyle (although further research is required to definitively support any specific statements in this regard). However, there is still a level of stigma surrounding CBD because it comes from cannabis plants. This in turn can cause confusion as to whether it is legal to use or not.

So What is CBD Oil?

In order to comprehend the legalities of CBD, we need to understand what it actually is. CBD does in fact originate from cannabis plants, but so does marijuana. So the confusion lies in what each does and how it can affect you.

Cannabidiol (CBD) is a compound found in cannabis plants. There is also its sister compound, tetrahydrocannabinol (THC), which is the substance that is used to make a person high. Marijuana has higher levels of THC (generally up to around 30%), which contributes to increased psychoactive effects on the body. In comparison, CBD has a very small THC level (below 0.3%).

While medical marijuana is legal in some states, there are stringent restrictions on need as well as managing prescriptions and the types of medical conditions it treats.

So, if CBD has lower levels of THC, the question of why it is used often crops up.

CBD or cannabidiol is said to have an effect on our endocannabinoid system, which is the element that controls cell signalling in the body. Scientists and brands have suggested that this may possibly benefit health in many ways — even with these low levels of THC present. Issues such as insomnia, pain, and stress one day may be proven to be improved with CBD intake. However, and importantly, the U.S. Food and Drug Administration (FDA) currently does not allow CBD companies to make specific health claims while further clinical research is pending. So we cannot responsibly say anything specific in support of these potential claims at this time. Along with many others, we hope that future research and trials will one day prove some truth behind numerous claims being made in the public domain surrounding CBD and its myriad of possible benefits. Until then, in accordance with FDA guidelines we cannot and do not make specific health claims related to CBD as a CBD seller company.

The Legalities of CBD

In many cases, federal law in the US recognizes the use of hemp-derived CBD. This is due to the way it is grown. Hemp contains high levels of cannabidiol, which holds low levels of THC. However, its counterpart marijuana, has higher levels of the psychoactive THC compound.

In 2018, the Farm Bill — also known as the Agricultural Improvement Act 2018 — legalized CBD which is created from hemp and contains less than 0.3% THC. However, that doesn’t necessarily grant it legalization in isolation. To ensure CBD is grown according to these regulations, hemp farmers must be licensed to grow under federal law and they must comply explicitly with state laws and regulations.

On the other hand, CBD that comes from marijuana plants is still illegal under The Controlled Substances Act, as the Drug Enforcement Administration (DEA) classes marijuana as a Schedule I drug. Another aspect of the legalities of CBD is the regulation of products that contain hemp-derived cannabidiol.

What Does this Mean for CBD Products?

There are significant studies on the effects that CBD oil has on the body. However, at this time, unless it is a prescribed product from a medical practitioner, it cannot claim to have therapeutic properties.

The FDA at the moment says that CBD is not yet approved as a dietary supplement or ingredient as there are many factors to study before this decision is made.

State Law Compared to Federal Law

Hemp-derived CBD is now federally legal throughout the entire United States. However, there are some states that have different regulations in comparison with federal ones. For example, states such as Colorado allow the use of the entire hemp plant as an ingredient. On the other hand, Idaho still seems to treat CBD products that contains any level of THC, no matter how small, as illegal.

The details of CBD are still being ironed out between federal and state regulation, and it can be confusing to decipher all the rules. Choosing CBD products that pose the least legal risk is certainly a good idea, and selecting products that share information on the origins and composition of the product will help you make the right choices.

Researching your CBD seller is very important as you may run into the common problem of some CBD products being mislabelled. So ensuring you purchase your CBD products from a reputable seller will guarantee that you get the product you think you are buying.

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