CBD oil—it’s all you hear about these days. The health benefits of CBD are numerous, and it is a non-intoxicating alternative to THC. Once you begin talking about CBD with your friends and family, however, some objections come up. The legality of CBD is hotly contested among some, while others do not seem to understand the difference between THC and CBD. So, who is right? Is CBD oil legal? The answer is: it depends. Federal and state laws are definitely at odds with each other. While CBD is legal in most states, there are exceptions to the rule. Let’s explore the concrete information surrounding CBD, so that you know how to answer concerned friends and family.
Unfortunately, the situation is a bit confusing, and the answer is likely to be continually changing as more states consider full legalization. This guide will clarify where the law currently stands, as well as where things may be headed in the future.
Medical Needs Matter
Thirty-three states have passed various legislation regarding medical marijuana. In these states, CBD is also under state protection. Sixteen other states have laws allowing CBD, even though marijuana is not allowed. High levels of THC are not allowed in these products.
While THC provides a psychoactive effect, CBD offers the same medicinal benefits without the “high.” Patients looking for CBD, however, may have issues finding it, since dispensaries and other facilities that sell CBD products are not always allowed.
Georgia is an example of a state with medicinal allowances. CBD with less than 5% THC is allowed to treat:
- Tourette syndrome,
- Peripheral neuropathy,
- And other diseases.
The Laws Continue to Change
CBD can be a controversial subject, despite its lack of a psychoactive effects. Because of this, the laws can often change. Alabama was only allowing CBD use in clinical trials, but the state recently decided to legalize CBD. This was made possible through the Farm Bill.
In areas where CBD continues to be illegal, arrests are rare. One may be arrested for selling it, although the items are usually just confiscated. Possession does not usually end in arrest. If CBD is illegal in your area, however, it is important to obey the law.
The Source Matters
When it comes to the question, “Is CBD oil legal?”, it all depends on where it comes from. A lot of companies that sell CBD claim that their CBD is extracted for hemp. CBD that comes from hemp is legal; CBD extracted from other parts of marijuana is not.
This makes hempseed oil legal on a federal level. There are differences, however, between hempseed oil and CBD oil. Some companies that claim to sell CBD oil are only actually selling hempseed oil.
The FDA does not regulate CBD, so keep this in mind. They just tested the products as a one-time experiment. Sometimes, industrial-grade hemp is imported from Europe or Canada, but this is not often potent. Other companies genetically engineer strains.
The Bottom Line: Is CBD Oil legal?
CBD sourced from portions of the marijuana plant are illegal on a federal level, but legal in most states. Check the law in your local area to be sure of the rules. The legislation surrounding cannabis and CBD is constantly changing, and as the legalization of marijuana spreads, so will the legalization of CBD oil (no matter what the THC concentration).
Depending on the Source and THC Percentage, CBD Is Legal
CBD extracted from the “non-marijuana” portions of cannabis is legal, but it is not likely that many products claiming to have CBD are following this guideline. Many states disagree with federal law, however, and allow access to the product.
When investing in a CBD product, be careful about who you trust. Try to find a reputable manufacturer that is not likely to falsify label information. Referrals from someone you know personally may make a difference in this area. Also, if you’re concerned about the legality, make sure that your CBD is third-party tested or guaranteed to contain no more than 0.3% THC.
The Future Is Full of Change
Everyone is beginning to see the effects of legalization in Colorado and Washington, prompting other states to follow suit. If legalization continues to be a positive influence on the economy, medical needs, and other areas, then it is only a matter of time before legalization hits the federal level.
Just remember, when in doubt, consult state law. Chances are, you can use Google to find a state-sponsored website with all the information you need concerning the legal status of CBD oil in your state. You can also check with your employer if you are worried about drug testing.
If Congress removes cannabinoids from the controlled substances list, then the DEA will have no sway over any type of CBD use. Legislation with this purpose is constantly under discussion, so it may only be a matter of time before the change comes to the Controlled Substances Act.