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Is CBD legal?

Posted on November 06 2021, By: Nicole Santanello

is CBD legal

There is a lot of conversation about using CBD products and the legality of them. There also tends to be some confusion about CBD, its contents, and side effects. CBD comes from the cannabis plant, which also contains THC. THC is the compound that causes a feeling of being high. It is also the main compound used in marijuana. This causes misunderstanding about the relationship between THC and CBD. It often causes consumers to ask the question, is CBD legal?

What is CBD?

Cannabidoil, CBD, is a chemical compound found in the cannabis sativa plant. There are many varieties of these plants, including hemp varieties. The marijuana plant is a hemp variety of cannabis. It is important to make the distinction that hemp and marijuana are not the same things. 

Hemp, marijuana, and cannabis come from the same family of plants, the Cannabaceae family. However, they are all very different from each other. In addition, the terms marijuana and cannabis are often used interchangeably, which can cause confusion about the differences between them. 

Hemp is a type of cannabis known as cannabis sativa L. It contains low levels of THC (less than 0.3 percent) and high levels of CBD. 

Marijuana is also part of the cannabis sativa L; however, it has a different chemical makeup than hemp. Marijuana has high levels of THC (more than 0.3 percent), which makes it illegal in some states and produces an intoxicating feeling or high. 

Cannabis is the term used to classify all of the flowering plants that are part of the Cannabaceae family. It is further broken down into three main species. These species are cannabis sativa, cannabis indica, and cannabis ruderalis. Both marijuana and hemp are cannabis. 

Is CBD Legal Federally?

The Farm Bill of 2018 legalized the production, use, and sale of CBD products within the US (Not Marijuana). The Farm Bill outlined the difference between hemp and cannabis. This means that CBD products that contain less than 0.3 percent of THC are not considered drugs and can be distributed and used legally. The one exception to this is food. While CBD is legal in some instances, distributors and sellers of CBD must be careful in the labeling and description around CBD.

While the Farm Bill was passed, and CBD is legal in all 50 states, there are some variations of the law in each state. Any product that contains more than 0.3 percent of THC is illegal in all states. This is important to note if you plan to travel within the US and want to take CBD with you, make sure you understand the laws for each state.  

Where is CBD Illegal?

CBD by itself is not illegal in any of the states; however, there are some important distinctions. 

Most states, including but not limited to Connecticut, Maine, New Hampshire, and Delaware, legally allow medical marijuana and all CBD products approved by the FDA.

Other states, such as Mississippi, allow CBD oil and other products containing less than 0.3 percent of THC as determined by the FDA. However, they allow more than 0.5 percent of CBD for medically approved patients. 

Texas allows CBD products with less than 0.3 percent THC and less than 0.5 percent THC for medical purposes.  

Some states, such as South Dakota, have been a little slower in putting the Farm Bill into law as they have only recently legalized CBD and only CBD that has been approved by the FDA.

Despite the Farm Bill, Wisconsin does not seem to have adopted the legal use of CBD. Their law is a bit murky when it comes to the use of CBD, and if you live or plan to travel in the state, it is advisable to have a physician’s certificate for use. 

Is CBD Legal Federally?

Yes! CBD is federally regulated, but not FDA approved. The FDA has not conducted enough studies to have a solid standing on regulations around CBD use. This requires the consumer to have a strong understanding of the products they are purchasing and using. In addition, you want to find ethical producers and distributors that are concerned with the quality of the products they sell. Looking for seed to bottle products that use organic and quality ingredients is your best option. This ensures that you are purchasing the highest quality CBD you can find.