If you’re confused by all the CBD products you keep seeing all over your town, you’re not alone. Many are curious about the products and how they work. CBD is in a constant state of legal and moral attack. Here’s what you need to know about the legality of CBD.
The federal government recognizes two forms of the Cannabis plant; hemp and marijuana. Hemp is not as processed and is what contains the cannabidiol, or CBD. This part of the plant is known for medical properties and does contain traces of delta-9-tetrahydrocannabinol, or THC.
THC is the psychoactive chemical naturally present in marijuana that creates a high. Marijuana is processed hemp and can contain up to 30% THC and lower levels of CBD.
In 2018, the Agriculture Improvement Act of 2018 (The Farm Bill) legalized CBD that is derived from hemp and contains no more than 0.3% THC (by dry weight). CBD that is derived from marijuana remains illegal under the Controlled Substances Act. The DEA classifies marijuana as a Schedule I drug, which means that it has “”no currently accepted medical use and a high potential for abuse.”
The Farm Bill also created regulations for hemp farmers that states, “that any cannabinoid—a set of chemical compounds found in the cannabis plant—that is derived from hemp will be legal, if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, association state regulations, and by a licensed grower.”
All legal CBD with trace amounts of THC must be grown by an authorized and licensed producer within federal regulations. Any CBD products not produced by authorized farmers is illegal.
CBD is also an approved prescription drug, Epidiolex which is used to treat epilepsy. Since the FDA still considers CBD a drug, it cannot be marketed and sold as a dietary supplement with therapeutic properties (or even shipped across state lines) without first going through the FDA’s drug approval process.
While CBD is federally legal, many states are currently updating their laws. Still, every state has their own CDB/hemp/cannabis laws that don’t always fall in line with federal regulations.
Colorado recently passed a law that allows for all parts of the hemp plant to be used. While in Texas, any product with a trace amount of THC is still illegal.
To determine if CBD is legal and can be transported across state lines, it is best to become familiar with your local cannabis laws.