Where is CBD legal?
November, 13, 2020 | posted in
When HempMeds® first became the original CBD hemp oil company, retailing hemp derived CBD products to customers nationwide in 2012, CBD existed without a clearly defined legal status. Thankfully, recent legislation by the federal government in the U.S. has officially changed that. So back to our question: is CBD oil legal?
The truth is that hemp derived CBD or cannabidiol is federally legal in the United States to manufacture, purchase, and use. So you can shop with confidence for CBD products in the U.S.
Want to learn more about the specifics? Keep reading to learn how recent federal legislation changed the legal status of hemp in the U.S. and whether CBD oil is legal where you are.
Are you new to CBD oil? Read our News & Education page here to see if CBD is right for you. If you’d like to purchase HempMeds® CBD products wholesale to offer to your customers, click here. Otherwise, keep reading to learn more about the legal status of CBD in the U.S. and internationally.
2018 Farm Bill makes hemp federally legal
Due to legislation passed in 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 in the U.S. as well.
Hemp legalization became a reality because of 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 2018 Farm Bill was passed, including the legalization of hemp and hemp products like CBD oil.
The 2018 Farm Bill removed hemp completely from the Controlled Substances Act (CSA). This allows hemp to be grown domestically in the U.S., 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.
Can I fly with CBD oil?
Because they are federally legal, you can now take CBD products made from hemp through TSA checkpoints when flying in the U.S. 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. Learn more about TSA regulations for CBD here.
This change only affected hemp, however. Marijuana, even medical marijuana, is still illegal on a federal level, including CBD products made from marijuana. We will discuss the differences between hemp and marijuana further on in this article.
Is CBD legal in my state?
Now that you know that hemp and CBD products are legal on a federal level, we will answer another common question: is CBD oil legal where I live? CBD products from hemp are legal under federal law in the United States; however, individual state laws are dynamic and fluid. Each state may enact their own laws governing hemp derived CBD, and many have elected to put additional restrictions in place.
These local laws may affect the types of CBD products that are available to you when purchasing HempMeds® CBD products online or in stores, as some states restrict CBD products that contain even trace amounts of THC. In those cases, we suggest HempMeds® products made with our 99% pure CBD isolate.
Before buying CBD or traveling with it to other states, we recommend that you become aware of any local CBD laws that may affect you.
FDA and CBD oil regulations
With the removal of hemp from the CSA, regulation of hemp and CBD now falls on the U.S. Food and Drug Administration (FDA). The agency is currently working to create a framework that would clearly regulate the manufacturing, distribution, and marketing of CBD products for consumers.
Until this regulatory framework 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 HempMeds® industry first Triple Lab Tested® standard.
Is CBD oil legal outside of the U.S.?
CBD products are also legal in many countries around the world. In some countries, CBD products are listed as prescription medications. In other countries, CBD oil is sold as consumer products, just as they are here in the U.S.
HempMeds® currently distributes our CBD products internationally to dozens of countries, within the laws regarding CBD in these markets. Contact the HempMeds® team to see if we ship our products to your country.
Legal differences between hemp vs marijuana
It is critical to know the difference between hemp and marijuana when discussing legality. 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 difference 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 any euphoric effects. 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, as well as illegal in most states.
Want to learn more about CBD?
Visit our News & 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.