Is CBD Legal? Here’s What You Need to Know

Guest
By: Guest
November 24 2020

 

A $1.2 billion industry has taken hold of the United States — and it all starts with just three simple letters: CBD. That’s not all, either. This budding industry is projected to reach nearly $2 billion within the next two years.

CBD, otherwise known as cannabidiol, is a non-psychoactive compound found in cannabis plants. For many, it’s a natural alternative that provides relief for chronic pain, insomnia, anxiety, epilepsy, and inflammation, among an array of other medical conditions.

So, what’s the catch? Until fairly-recently, America and many other countries had established strict legislation prohibiting the use of cannabis products, including CBD.

The reason why you can’t seem to leave your house without encountering CBD products today is thanks to no other than The Hemp Farming Act of 2018.

Although this bill paved the way for the CBD-boom in the U.S., the laws remain murky from state to state. Furthermore, the nuances of CBD legality will likely change as research progresses, and the industry continues to boom.

So, what’s the catch? Until fairly-recently, America and many other countries had established strict legislation prohibiting the use of cannabis products, including CBD.

The reason why you can’t seem to leave your house without encountering CBD products today is thanks to no other than The Hemp Farming Act of 2018.

Although this bill paved the way for the CBD-boom in the U.S., the laws remain murky from state to state. Furthermore, the nuances of CBD legality will likely change as research progresses, and the industry continues to boom.

CBD Terminology

Source: Pixabay

While CBD seems simple enough, the way cannabis is perceived in the United States has undergone a complete metamorphosis. As CBD continues to make headlines, you’ll start to hear these terms floating around more often.

  • Cannabis: A genus of medicinal, recreational, and industrial plants. This includes both hemp and marijuana.
  • Hemp: A cannabis plant cultivated for fibers and seeds. Hemp predominantly contains CBD with very few traces of THC.
  • Marijuana: A cannabis plant that predominantly contains THC with CBD levels that vary depending on the marijuana strain.
  • Cannabinoids: Active compounds found in cannabis plants. Cannabinoids include CBD and THC, and their precursors and analogs (CBDA, THCA, THCV, et).
  • CBD (cannabidiol): The non-psychoactive cannabinoid found in cannabis plants. CBD provides medicinal benefits without giving the user a “high” or “buzz.”
  • THC (tetrahydrocannabinol): The psychoactive cannabinoid found in cannabis plants. THC provides medicinal benefits and the stereotypical “high” associated with marijuana use.
  • Terpenes: Fragrant compounds found in cannabis and other plants. Terpenes contribute to the taste and effects of cannabis and many other products.

Familiarizing yourself with the ins-and-outs of how we talk about cannabis today will provide you with a clearer understanding of CBD and marijuana laws as a whole. It will also empower you as a smarter consumer.

Familiarizing yourself with the ins-and-outs of how we talk about cannabis today will provide you with a clearer understanding of CBD and medical marijuana as a whole. It will also empower you as a smarter consumer.

Is CBD Legal?

Hemp-derived CBD products are federally legal so long as they contain less than 0.3 percent THC. These rules apply to CBD tinctures, capsules, and lotions, among others.

This is the case in many other countries, as well. Whether you’re purchasing CBD gummies Canada, the United Kingdom, or in the United States. However, there are exceptions to this rule, even in the United States.

Source: Pexels

Is Growing Hemp Legal?

Those who grow hemp are required to follow the guidelines provided by the U.S. Domestic Hemp Production Program.

First and foremost, you must have a license to grow hemp or receive authorization through your state’s hemp program, a Tribal hemp program, or the USDA hemp program.

Those who have been convicted of a felony related to controlled substances cannot receive a hemp production license from the programs mentioned above.

Once you have received your license to grow hemp, there are additional rules and regulations you must abide by. For example, you may only use the pesticides approved by the United States Environmental Protection Agency on your hemp plants.

Can I Take CBD Legally?

In most cases, yes. Hemp-derived CBD is federally legal and does not require you to obtain a medical marijuana card (if applicable in your state) prior to using and purchasing it.

The legality of marijuana-derived CBD will depend on your state. If your state has implemented a recreational cannabis program, you may legally purchase and use them.

Some states have a medical marijuana program in place that requires you to apply and qualify for their plan to consume marijuana-derived CBD products legally. Receiving medical marijuana from another patient is against the law. You must have your own medical marijuana card to use dispensary products.

Additional CBD Rules and Regulations

Although CBD products are federally legal, select states have amended their own set of rules and regulations.

Take Idaho for example. There, CBD products containing ANY traces of THC — even if it’s less than 0.3 percent — are a schedule I substance.

Selling CBD-infused foods and beverages is technically still illegal, as well. The US Food and Drug Administration prohibits explicitly CBD-infused foods and beverages. It’s also a violation to market CBD as a dietary supplement.

However, this hasn’t stopped many companies from marketing CBD-infused products to the masses due to how lucrative the industry is thus far.

In Conclusion

Source: Pixabay

CBD is a non-psychoactive compound found in cannabis plants that provides relief to countless individuals. However, CBD legalization remains a fairly-new territory that follows a long history of prohibition in the United States.

Hemp-derived CBD products containing less than 0.3 percent THC are federally legal. But that doesn’t mean it’s a free-for-all, either. Throughout the country, certain states have implemented nuanced rules and regulations for hemp-farming and production.

As the budding industry continues to grow alongside evidence backed by clinical research, CBD legislation may undergo multiple transformations soon, as well.


This is a guest post by Crystal Wilson. This post has been edited for syntax and grammar.  The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  This post does not establish an attorney-client relationship of any sort.  If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

Leave a Reply

Your email address will not be published. Required fields are marked *