14 Jul 50 States: Is CBD Oil Legal to Purchase?
IS CBD OIL LEGAL IN ALL 50 STATES?
Jeff Sessions and the DEA have said much about cannabis and CBD oil in recent times. However, much of Sessions’ statements are outright false or misleading so we thought we should clarify a few things. So, is CBD oil legal in all 50 states?
First… hemp, cannabis, marijuana (slang term)… they’re from the exact same plant species – Cannabis sativa. It’s common to mistake hemp and cannabis unless you know why they’re different. The easiest way to tell? If it’s under .3% THC content then it’s hemp and is classified as legal for academic and educational purposes, according to federal law. What is commonly referred to as cannabis (or medical marijuana) contains THC levels above .3% and can extend into levels between 15-30% THC. Remember, THC (tetrahydrocannabinol) is the psychoactive component of cannabis. Without these higher THC levels, there are no psychoactive effects for you.
In 2014, President Obama signed into law the Agricultural Act of 2014. Section 7606 of the act, Legitimacy of Industrial Hemp Research, defines industrial hemp as distinct from marijuana. This authorizes institutions of higher education or state department’s of agriculture in states that legalized hemp cultivation to regulate and conduct research and pilot programs. Basically, it’s up to the states to regulate the growth per their own State Departments.
President Obama’s execution of the Agricultural Act of 2014 is an integral piece to CBD oil’s legality. If a plant is deemed legal (where the determining factor is a THC level under .3%) that then makes all products made from the source material legal as well. Did you ever wonder why your hemp lotion 15-20 years ago was legal but “smoking a little weed” wasn’t? In this case, it’s all about the THC levels your plant doesn’t have.
There are 33 states with laws specifically regulating Hemp to include: Alabama, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.
There are 24 states that have defined industrial hemp as distinct from other strains of cannabis and removed barriers to its production.
As of early 2017, 14 of these regulated 33 states legally produce hemp seeds. The federal designation indicated hemp could be grown for industrial or academic applications. These 14 states (CA, CO, IN, KY, MA, MO, ND, OR, SC, TN, VT, VA, NC and WV) are producing hemp seeds for industrial use. While regulations and agricultural standards are still developing in America, European sourced is still the ideal choice for the consumers. Ideal conditions, more experience, and refinement of regulations to ensure safety and quality lend more trust to you, our consumer.
We also have to look at Federal spending budgets, don’t we? The Federal Appropriations that passed in April, 2017 specifically mentions the Department of Justice is prevented from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Hemp is not medical marijuana, though one could assume if they’re not going after High-THC plants, they’re not going to go after low-THC plants either – especially without the budget needed.
Following his election, President Trump’s stance, which seemed to be openly supportive, has become very quiet in regards to the issue.
OUR CBD OIL COMES FROM INDUSTRIAL HEMP
Hemp CBD Oil is just another discovery of hemp’s uses that help improve daily life. For years, hemp products have been available for purchase. Shampoos, lotions, clothes, shoes, and more. These plants are even used for phytoremediation to reduce radiation levels from nuclear waste. For Earth, or for its inhabitants, hemp is healthy.Hemp CBD Oil is a healthy addition to increase the wellness of your life. Now, CBD oil can be used with food, drink, on your favorite snack, in lotions, tospicals, shampoos, vaporizers, and more by the year. If you asked mom and dad “Is CBD legal?” decades ago they would have said oh yea!
Click here if you’d like to buy wholesale to create your own products.
Hemp goes back as one of the oldest crops in human history. Why is it so popular? For starters, it requires half the water (even less for some crops!) of wheat and can be grown without pesticides. For health enthusiasts or anyone generally considerate of the environment, this is a great news. This crop can then be used for nutrition as a great fiber source! The whole seeds are healthy for complete proteins and omegas, concentrated antioxidants, vitamins, and other healthy nutrients. Outside of the United States, hemp is grown as an industrial crop on a large scale. In Europe, for example, we reviewed over 3,000 cultivars before selecting the right farm for us.
CBD Oil can also contain ZERO amount of THC. If this were coffee, it’s all in the grind. It still is, figuratively, for hemp CBD oil. We developed a product from listening to our customers that needed 100% certainty their oil didn’t contain trace amounts of THC. Like who? First responders, athletes, military personnel, or anyone that wants 100% confidence they’re consuming only CBD. Read more about it here.
CBD Oil can be given to your pets. We’re serious. Your dog also has an endocannabinoid system of receptors that can respond to CBD and THC.
LEGAL ACROSS THE STATES AND WORLDWIDE
CBD oil sourced from hemp is legal all across the U.S when sold as a dietary supplement. Our full-spectrum CBD oil products, when taken daily, add CBD, as well as essential vitamins, minerals, fatty acids, terpenes, flavonoids, and other trace cannabinoids, to your healthy diet. Try one of these healthy recipes for easily adding CBD into your meals.
Because our hemp oil products are categorized as dietary supplements in the United States, we comply with the FDA’s DSHEA guidelines and cannot endorse any specific medical benefits of CBD or our CBD oil. To further comply with FDA regulations, HempMeds® does not list a Recommended Daily Intake (RDI) of our own, nor do we provide a Daily Value (%DV) for any of our products. We encourage you to browse the thousands of reputable studies regarding CBD published online and talk with your doctor to see if a CBD oil supplement is right for you.
View CBD Products >
SOME STATES THAT ARE HEAD OVER HEELS FOR HEMP
The following states are examples of hemp laws and the evolution inside of our government’s laws and regulations.
When California passed Prop. 64, there was a provision that allowed for the production of industrial hemp. Now, that little provision could generate quick growth (pun intended, naturally) for its many applications in the Golden State.It led the forefront for THC now it could be the American leader for hemp CBD. California led the cannabis reform and now will be one of the leaders in an ever expanding cannabis ecosystem.
Californians also have to take into consideration Prop 65. This proposition requires that businesses refrain from knowingly and intentionally exposing individuals to any of the chemicals contained in a state-published list of chemicals which are known to cause cancer or reproductive harm. This, among many other factors, is why HempMeds adheres to the Triple Lab Tested® Standard. We believe in a common sense approach where safety and knowing what goes into your body is of utmost importance.
Amendment 64 granted Colorado citizens the use and regulation of marijuana. Passed on November 6, 2012, it included a declaration industrial hemp should be regulated separately from marijuana and that the Colorado General Assembly is “to enact legislation governing the cultivation, processing, and sale of industrial hemp.” Soon after Amendment 64 went into effect, Colorado became the first state to contain certified hemp seed – designated as containing less than .3% THC – as well as free of weeds and disease.
The passing of SB 218 through the Kentucky legislature created a new subsection of KRS 260.850m to 260.289, in which the Industrial Hemp Advisory Board outlines the purpose of an industrial hemp research program, establish license provisions, and create new requirements and license application procedures. This state’s approach is for the potential medical and industrial applications.
February of 2017, a Hawaii government committee passed a bill to decriminalize industrial hemp, removed it from the state’s list of controlled substances and excludes growing, possession, processing and the sale of industrial hemp from civil and criminal penalties. No license is needed to grow and the crop is treated as other plants such as tomatoes, fruits, and other vegetables.
IMPORTING CBD INTO AMERICA
Although it is legal to manufacture and distribute products containing cannabidiol (CBD) from naturally low-THC hemp here in the U.S., it is still largely illegal to grow in America. Therefore, HempMeds® imports all the hemp oil used in the formulation of our products from international sources.
Working with farms in Northern Europe, we carefully tested and reviewed 3,000 cultivars to find the one that would thrive and produce the optimal ratio of cannabinoids necessary for our products. The oil sourced from these plants are high in CBD and low in THC, the cannabinoid that gets users high, making our extracted hemp oil products legal to purchase in the U.S.
Laws Regulating Whether Hemp CBD Oil is Legal, Today
In 1970, the U.S. government passed the Controlled Substances Act, a statute that regulates all cannabis, including industrial hemp. However, the definition of marijuana was lifted from the existing 1937 statute and adopted without any change. This definition excluded certain parts of hemp — sterilized hemp seed, hemp fiber, and hemp seed oil — from regulation.
In 2004, the 9th Circuit Court of Appeals ruled that the Drug Enforcement Administration did not have authority to regulate these specific parts of hemp under the Controlled Substances Act. Hemp could therefore still be imported and those parts of the plant used for products.
A recent story by Debra Borchardt from Forbes addressed the issue as follows:
“There is a great deal of confusion regarding the legal status of hemp and why these products are so readily available versus marijuana-based CBD products. In 2014, the Farm Bill stated that hemp was different from marijuana, yet the Drug Enforcement Agency’s (DEA) position is that hemp comes from the cannabis sativa plant and as such falls under the controlled substance act. In 2004, the Hemp Industry Association won a court case against the DEA from the Ninth Circuit Court of Appeals that ruled the DEA didn’t have the authority to ban hemp under the CSA. “By that federal court ruling, similar to non-scheduled hemp food products, this allows Medical Marijuana, Inc. (including HempMeds®) to sell online and distribute to customers in all 50 U.S. states,” said Dr. Stuart Titus, the company’s Chief Executive Officer.”
All HempMeds® CBD oil products are locally made in San Diego and are held to California’s strict regulations on manufacturing. We take a number of important steps throughout our process to ensure the quality of our products adheres to the Triple Lab Tested® Standard.
Hemp’s many uses have created numerous products that sell worldwide – clothing, bags, nutritional supplements, topical salves, home-cooked recipes, bottled oil, and so much more. Experience the difference hemp makes. Trusted Worldwide, Made for You.
If you have any questions contact us here