Due to its frequent association with marijuana, CBD has a legal history that is often confusing and sometimes contradictory in the United States. The following article is intended to eliminate this confusion by providing current answers to frequently asked questions about current legality throughout the country. However, keep in mind that the cannabis industry is complex and changes regularly. We recommend that you contact your state to obtain the most up-to-date legal information.
The cannabis sativa variety produces hemp and marijuana. The difference is the percentage of THC in the plant. Cannabis with a maximum THC content of 0.3% is classified as hemp, while cannabis with a THC content of more than 0.3% is considered marijuana.
Is CBD oil legal?
Why is there so much confusion about CBD? Hemp was legalized at the federal level in 2019:
The congress approved the 2018 Agricultural Law Project, which entered into force at the end of the year. The Agriculture improvement act ( Farm Bill) eliminates hemp from the Controlled Substances Act, expands hemp cultivation, and legalizes hemp production in Native American tribal countries and US territories. Hemp regulation is now under the United States Department of Agriculture (USDA) instead of the Drug Control Administration. Because hemp is now legal, most people assume that CBD made from hemp is also legal. However, the regulations do not explicitly extend the legal status of hemp extracts.
However, the legality of the CBD remains uncertain and depends in part on the form factor:
The Farm Bill authorizes the Food and Drug Administration ("FDA") to regulate cannabis-containing products or cannabis-based compounds, including CBD, in accordance with the Federal Food, Drug and Cosmetic Law and the Law on Public health. If a product is used as a medicine, food, dietary, or cosmetic supplement, and that product is sold outside national limits, it is subject to FDA regulations.
The FDA is currently evaluating the safety of CBD. Currently, products that add CBD to food or label CBD supplements are not legal for international trade.
In general, most states allow the use of CBD for at least some diseases. Many states also legally define CBD as a hemp extract with zero or very small amounts of THC. CBD remains illegal in some places.
Note: Unless otherwise specified, references to CBD refer to CBD produced from industrial hemp that does not contain more than 0.3% THC.
Here are other things to consider when considering regulations:
Can CBD be transported on a plane?
The TSA recently updated its guidelines to allow the production of marijuana-based drugs and CBDs approved by the FDA in accordance with the requirements of the Agriculture Law. Passengers can transport CBD with hemp with a maximum THC content of 0.3%. Be careful when traveling, even if this is technically possible. Since most states do not yet have product testing guidelines, your CBD product may contain more THC than advertised. In this situation, you can be arrested and even arrested.
Will CBD appear on a drug test?
Although CBC does not even appear in marijuana tests, you may not be able to pass this test. Because tests on CBD products are not regulated to a large extent, a product can be labeled incorrectly and actually contains more THC than indicated. It is better to buy the products only from a company that proposes an analysis certificate that confirms that the product has been tested and contains only the specified amount of THC.