Is CBD Oil Legal?

Because of its association with the cannabis plant, many consumers question whether or not CBD oil and CBD products are legal to buy and use where they live. Here, we help to clarify CBD’s legal status.

Since the beginning, when Medical Marijuana, Inc. became the first company to retail hemp-derived CBD products to customers nationwide in 2012, CBD has existed without clear legal status. Recent legislation by the federal government in the U.S. has finally changed that. So is CBD oil legal?

The bottom line is that hemp-derived CBD (cannabidiol) is federally legal in the United States. Want to learn more about the specifics? Keep reading to learn how recent legislation affects the legal status of hemp and whether CBD oil is legal.

2018 Farm Bill

Due to legislation passed in the end of 2018, hemp and its derivative products are legal in the U.S. That means that on a federal level hemp CBD products are currently legal as well.

Hemp legalization came to pass due to a provision added to the 2018 Farm Bill that would fully legalize the hemp industry in the U.S. The provision, officially known as the Hemp Farming Act of 2018, was introduced by Senate Majority Leader Mitch McConnell (R-Ky.) 

The law removed hemp completely from the Controlled Substances Act (CSA) and allows it to be sold as an agricultural commodity and used commercially in the manufacturing of products. That means that all hemp products are now federally legal in the U.S., including those containing CBD.

Because they are federally legal, you can now take CBD products from hemp through TSA checkpoints when flying. As long as travelers have CBD in forms that adhere to the regulations in the 2018 Farm Bill, the TSA will permit it on an airplane.

This change only affected hemp, however. Marijuana is still illegal on a federal level, including CBD products made from marijuana. We will cover the difference between hemp and marijuana next.

Legal Differences Between Hemp and Marijuana

Both hemp and marijuana are types of cannabis plant, but they are regulated in very different ways. Knowing the difference between these types of cannabis plants is important for determining whether a CBD product is legal.

The key differentiator between hemp and marijuana when it comes to legality is the level of THC found in the plant. In order for cannabis plants to be considered hemp, they must have 0.3% or less THC by dry weight. This extremely low level of THC ensures that hemp is not intoxicating and cannot be used to create a high. Hemp is federally legal in the U.S. Marijuana is not.

CBD products derived from marijuana and containing too high a level of THC are still federally illegal under the CSA, though you may be able to find them in marijuana dispensaries in medically or recreationally legal marijuana states.

Therefore, it is not CBD that is legal or illegal. Instead, it is the source of the CBD that determines if it is federally legal or not. Hemp-derived CBD is federally legal, while marijuana products that contain CBD are still federally illegal.

State Level Regulations

Is CBD oil legal where I live? Hemp-derived CBD products are legal under federal law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD. This may affect the types of CBD products that are available to you when purchasing CBD online or in stores. Before buying CBD or traveling with it to other states, we recommend that you become aware of any local laws that may affect you.

Read more about state level cannabis laws.

The Role of the FDA

With the removal of hemp from the CSA, regulation of hemp and CBD foods and supplements now falls on the U.S. Food and Drug Administration (FDA). The agency is working to create a framework that would clearly regulate the creation, sales, and marketing of CBD products for consumers.

Until this is implemented, responsible CBD oil manufacturers in the U.S. are taking it upon themselves to pursue quality measures like the use of good manufacturing practices (GMP) and conducting strict product testing like Medical Marijuana, Inc.’s industry leading Triple Lab Tested standard.

CBD Outside of the U.S.

CBD products are also legal internationally in many countries around the world. In some countries, they are listed as prescription medications. In others, CBD oil is sold as consumer products, just as they are here in the U.S.

Medical Marijuana, Inc. and our family of companies currently distribute our CBD products to dozens of countries internationally, within the laws regarding CBD in these markets.

Want to Learn More About CBD

Visit our CBD Oil Education page to learn more about a range of topics, including more on CBD, its effects, and how CBD products can benefit you.

Ready to try CBD? Shop our store now for our complete line of hemp oil and CBD products.  

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Author: Jeffrey Stamberger