An Evolving Question: Is CBD Oil Legal?

An Evolving Question: Is CBD Oil Legal?

Editor's note: As of January 1, 2018, CBD is legal! Read our article about the 2018 Farm Bill that legalized hemp CBD.

Hemp-derived CBD oil can be a fantastic addition to any wellness routine, particularly for individuals who suffer from anxiety, chronic pain, insomnia, and a host of other medical conditions.

If you’ve recently discovered that CBD oil may be beneficial for you, likely one of the first questions turning in your head is, “Is CBD oil legal?” Whether you hope to avoid the stigma associated with cannabinoids or if you simply do not wish to consume products that are illegal, you are not alone in wondering about CBD’s legal status.

Unfortunately, the answer isn’t so simple, because laws encompassing CBD are continuing to evolve.

THC Concentration

Perhaps one of the most important factors to consider is the percentage of THC present within any CBD product. THC, short for tetrahydrocannabinol, is the cannabinoid present in marijuana that causes a “high.”

Notably, the cannabinoid CBD will not result in this same high.

Congress has created an “exception” to the definition of illegal cannabis by defining industrial hemp as “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a [THC] concentration of not more than 0.3 percent on a dry weight basis.”

Also notable is a legal case from 2004 when a unanimous decision was made by the courts that the Drug Enforcement Administration (DEA) could not regulate non-THC, hemp-derived products, given that these products are out of the DEA’s jurisdiction.

Marijuana-Derived versus Hemp-Derived CBD Oil

Yes, even this comparison is murky since both hemp and marijuana are varieties of the same plant species, Cannabis sativa.

While hemp and marijuana are drastically different in appearance, chemical composition, and cultivation, the U.S. government has long grouped them together as federally controlled substances.

In May of 2018, however, the DEA further clarified the legality of cannabinoids and stated that hemp-derived CBD products are federally legal.

A Final Note

Finally, please understand that we are not attorneys or legal professionals, and this information is based entirely on our own research and interpretation of court outcomes.

If you are considering using CBD for any reason, we highly recommend that you perform your own research to ensure that you are using CBD products which fall within legal guidelines.

We can state with certainty that all phytocannabinoid-rich products produced, manufactured, or distributed by our us and our partners are either legally imported or derived domestically from federally legal industrial hemp.

The United States Farm Bill from 2014, section 7606, federally legalized the cultivation of industrial hemp registered with the Colorado, Oregon, and North Carolina State Departments of Agriculture. The products we sell, recommend and distribute conform fully to the conditions mandated within this bill.

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