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Is CBD Legal?
CBD oil is one of the fastest growing natural substances to help ease things like headaches, anxiety, sleepless nights, upset stomach and much more. Many of us discover CBD when we are looking for something to help ease our own, our loved one’s, or even our pet’s suffering. It’s become so popular so quickly that it’s caused many people to ask the question “Is CBD legal?” I get this question almost every day and for good reason, it’s complicated.
The answer is that some CBD oil is legal while others are not. There is one very important factor that is a crucial determinant of CBD’s legality across all states, and that is whether the CBD is derived from–hemp or marijuana. I know what you’re thinking. “Aren’t Hemp and Marijuana the same thing?” Well…no, no they’re not. Let’s take a closer look.
CBD From Hemp vs. CBD From Marijuana
Marijuana and Hemp are both members of the cannabis family and share quite a few characteristics. The major difference that concerns us from a legal standpoint is the amount of psychoactive Tetrahydrocannabinol (THC) each plant produces. While marijuana can contain up to 30% THC, hemp contains no more than 0.3% THC. This is crucial.
DEA’s Ruling On CBD
As of December 14th 2016, the DEA finalized a rule establishing a “New Drug Code for Marijuana Extract”. This rule creates a new tracking code, which the DEA uses to track quantities of controlled substances imported to and exported from the United States.
So what about the legal status of CBD derived from industrial hemp? The 2014 US Farm Bill was an act of congress signed by the president and that is the highest law of the land. The DEA does not have the authority and cannot make a new law and try to redefine a law passed by the US Congress and President of the United States which defined industrial hemp in section 7606 as “Any cannabis sativa L that produces naturally less than .3% THC on a dry weight basis.”
Hemp became more readily available, but it wasn’t until August, 2016, that federal agencies gained a legal basis for the broad acceptance of Hemp provided by a “Statement of Principles” by the USDA. This was also co-signed by the DOJ/DEA and HSS/FDA.
Also, the DEA is not allowed to interfere with a legal state licensed cannabis business – there is very recent case law that set precedent for this in the 9th circuit. See here: https://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN. This means that as long as the business and manufacturer are in compliance with state law, then their CBD Oil from Hemp products are legal.
So is CBD oil legal? As long as it is derived from a US Industrial Hemp Farm that is in compliance with its state laws, then it can be sold and delivered anywhere in the United States.
