What is CBD and is it legal?

CBD is an abbreviation for cannabidiol which is a chemical compound found naturally in the cannabis plant. Usually they contain untraceable amounts of tetrahydrocannabinol (THC), the principal psychoactive element in marijuana which means CBD will NOT get you “high.” ALL of the products we sell are all Non-THC CBD products. This is not true of all CBD brands. Over the past four decades, there have been numerous studies conducted that highlight the potential of CBD.

Anecdotally, Users of CBD have found that CBD products help them. Legally, we are unable to make any claims to that effect as the Food and Drug Administration (FDA) is still testing and researching these findings. However, CBD has been studied and most recently, the Food and Drug Administration (FDA) has approved a CBD-based medication which made it the first cannabis-derived prescription medication in the United States.

Is CBD Oil Legal?

While the popularity and overall acceptance of CBD have skyrocketed in recent years, state laws on CBD vary widely. The most important factors determining CBD legality are whether it is derived from hemp or marijuana and if it is produced by a state-licensed grower.

Even though hemp contains virtually no THC, the answer to the question, “Is CBD oil legal?” is not that simple. As of 2019 CBD derived from industrial hemp is legal nationwide at the federal level. This includes all hemp-derived CBD products like oils, edibles, and ointments. However, some states have laws on CBD from hemp that are restrictive. In some states, CBD derived from marijuana is completely legal; but in most states, its legality depends on a number of different factors and conditions.

Likewise, consumers should be made aware of laws and regulations overseeing CBD in food products. States such as New York and North Carolina, prohibit vendors or retailers selling any products that are considered "edible". No CBD foods, beverages, gummies are currently legal in those states and many others. FDA does not allow CBD to be added to restaurant foods, smoothies or pet foods. If you see these products, they are either "technically being sold illegally" or they are being misrepresented as CBD when they might actually be hemp, which in of itself is not considered CBD.

Where is CBD Legal?

At the time of this article, there were ten states where cannabis was considered entirely legal for medicinal and recreational use. If you live in one of those ten states, you can use CBD that comes from hemp or marijuana. Those states include Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. The State laws are evolving as you read this.We DO NOT SELL products that contain any THC.

We recommend that you should check your state laws, and it is better to check and maybe better yet, why not just purchase a CBD product with no THC in it? This alone could avoid any confusion or concern.

As of 2019, there were only three states that we were aware of that placed restrictions on all cannabis and cannabis-derived products. At that time, these states were Idaho, Nebraska, and South Dakota. Even though hemp is likely to become more accessible in these territories soon, if you are in one of these states, it is crucial that you know how hemp-derived CBD extracts are treated.

As mentioned before, state laws related to CBD vary significantly. This information is not intended as legal advice but is provided only to inform you and our customers.

The 2018 Farm Bill

The Agricultural Act of 2014, more commonly known as the 2014 Farm Bill, opened up new doors for the hemp industry by legalizing some cultivation activities that have since allowed the industry to grow in unprecedented ways.

Following the success of various pilot programs made possible by the 2014 Farm Bill, hemp is now widely accepted by the public and most lawmakers. In 2018, the US Senate introduced The Hemp Farming Act in its version of The 2018 Farm Bill. Among other things, the act sought to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.

The 2018 Farm Bill was signed into law in December 2018, effectively legalizing hemp at the federal level by removing it from the federal list of controlled substances and classifying it as an agricultural commodity. As a result, CBD from hemp is legal nationwide. However, please note that there is a wide variety of "hemp products", many that do not contain any CBD and many products labeled as CBD that contain "federally legal amounts of THC". It is vital to understand the source of your product, whether it is pure CBD or a derivative or in many instances, whether it contains any residual THC or "active cannibinoids". If you are purchasing a Full Spectrum CBD product, then you are more than likely, purchasing a product with THC.

The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States. Lagging behind this agricultural wave, is the lack of unified state legislation, federal legislation to support banking for CBD merchants and vendors and the approval of FDA to support many of the CBD benefits that are anecdotally being advertised.

FDA has issued warning letters to businesses to suppress any medicinal or health benefit claims of the products, and it may be years before medical research will produce additional US based studies to support any of these claims. Meanwhile, consumers are turning to studies conducted outside of the US to help them understand the possibilities of a natural product. Be cautious in your journey, look for pure CBD products free of additives, solvents or contaminants.

Many retail outlets are moving forward with presenting CBD based products due to the wave of interest and popularity. Whether these are technically legal in your state is a question you may need to research. Just because it is sold, does not mean it is legal. Often, you will discover that oils/tinctures, capsules and creams are legal, depending on their source and level of THC ingredient contents, however, CBD in ANY edibles, including those edible treats for your pets remain illegal and federally prohibited by the FDA, in many states.

Courtesy Disclaimer:
*The legal landscape around CBD is unclear and changing rapidly both at the Federal and State level. The information on our website and any other communication regarding legality which you may receive from any representative of The CBD Medicinal Store, Green Roads or any other suppliers from the products represented on our website is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase CBD in your jurisdiction. You should contact your attorney to obtain more specific guidance.*