Is CBD Oil Legal In The States? A Federal Perspective

CBD oil products are the latest hit on the consumer market. People use these products for recreational and therapeutic purposes.

CBD has millions of users throughout the world, and the chances are that you’ve already heard about this component. 

However, the question is whether CBD oil is legal in the United States.

In this article, we are giving you a federal perspective and providing everything that you need to know about this compound.

What Is CBD Oil?

Let’s start with the basics and learn more about CBD oil. CBD is an abbreviation for cannabidiol, which is one of many cannabinoids that can be found in cannabis. Cannabis is divided into three species: Cannabis Sativa, Indica, and Ruderalis.

All these species contain cannabinoids, which are chemical compounds that interact with the human endocannabinoid system. Cannabidiol (CBD) is only one of more than 100 different cannabinoids found in cannabis. 

The crucial thing to know about CBD is that it doesn’t have psychoactive properties. That is its main difference compared to THC (tetrahydrocannabinol), which is the major psychoactive component of cannabis. 

It is THC that gets you “high,” but if you consume pure CBD, you won’t experience any psychoactive effects.

When consuming cannabis products, you want to pay attention to the quantity of both CBD and THC.

The maximum acceptable level of THC to avoid psychoactive effects is believed to be 0.3%, although the lower, the better rule applies.

On the other hand, CBD should be as pure as possible, and that is the reason why oil extracted from this compound is so popular.

If you want to buy CBD oil, always look to purchase products with the highest purity level.

Is CBD Oil Legal in the United States?

Before we answer that question, it is essential to mention that there might be differences between federal laws and regulations that are valid in your current state. That being said, we are glad to inform you that CBD oil derived from hemp is legal on a federal level. 

The same applies to other hemp products as it is legal to grow, sell, transport, and distribute them, but under one condition.

Any product cannot have the contents of THC higher than 0.3%. However, the crucial thing to mention is that CBD and products derived from the hemp plants are legal as long as they fit the THC limit. 

Hemp became legal on a federal level with the Farm Bill implemented in December 2018.

That is when President Donald Trump signed it, which means it became an official regulation.

Among other things, that bill removed hemp with less than 0.3% of THC from the list of controlled substances.

Although the use and production of cannabis have become legal, it is vital to mention that the companies in this industry are still subject to the FDA’s (Food and Drug Administration) authority.

Despite that, the bill delighted the current CBD manufacturers and those who plan to enter the industry. 

The new law should help to regulate the market for growers, sellers, and consumers.

It will be easier for customers to pick reliable manufacturers and be confident that they are buying high-quality products. 

What Do the Growers Have to Do Sell Marijuana Legally?

The first thing that you need to do is to acquire a license from the Department of Agriculture. That involves officially letting them know that you are entering the cannabis business. If you plan on growing the plant, it is vital to send the exact GPS coordinates of the location where you are cultivating the plant. Additionally, you should provide evidence that the land is yours, as well as all other legal documents required to start the business. 

It is also vital that you have a certificate that proves the THC content doesn’t go over 0.3%.

That means you must test your plants, but you can’t check them yourself. Instead, the testing should be done by an independent facility. They will take a random sample of your plants and test it.

Apart from THC, the laboratory will also look for other dangerous substances, as well as those that are banned by the current regulations applicable in your location.

The good news is that you shouldn’t wait long for the results. If you get a positive response, you can start packaging your product.

All cannabis-derived products must include a label or box with a barcode or quick response code that can take the users to the laboratory’s certificate.

Additionally, the boxes should include a statement that confirms THC levels are below 0.3%.

Other details that you should include on the packaging include the quantity of the product, expiration date, and batch number along with a link where users can learn more about the batch. 

Does This Mean CBD Oil is Legal in the Entire United States?

The law is complicated because regulations can be different at state and federal levels.

Although the 2018 Farm Bill removed hemp from the list of controlled substances, some states still consider cannabis illegal in all forms.

These states are South Dakota, Nebraska, and Idaho, which means that CBD oil is illegal in some states.

You can find states where CBD oil is legal, but only under certain medical circumstances.

For example, Wyoming allows the use of CBD to treat seizures, and Alabama also allows you to get legal CBD through a clinical trial sponsored by the state.

Other areas where you need to get more familiar with the law before ordering CBD include Indiana, Georgia, Mississippi, South Carolina, North Carolina, Kentucky, Kansas, Texas, Tennessee, Wisconsin, and Virginia.

If you take a walk from the East to the West Coast, you will find 23 states where you can use marijuana, but only for medical purposes.

The most notable ones include New York, New Jersey, Utah, Minnesota, Illinois, Florida, Arizona, and Ohio. 

Are There Any States Where Marijuana is Completely Legal?

A total of 10 states allow you to use cannabis products for medical and recreational purposes.

That means you can purchase and use CBD and other cannabis items anywhere without worrying about the law. 

The list of states, includes Washington, Vermont, Oregon, Nevada, Michigan, Massachusetts, Maine, Colorado, California, and Alaska. 

Thanks to the new Farm Bill, we believe that many other states will join the list above soon.

The significant change on a federal level gave a considerable argument to those supporting cannabis legalization, which might mean good news for the industry in the future.

Are There any FDA-Approved Medical products Containing CBD or Cannabis?

According to the information available on the official FDA website, four drugs containing CBD and other cannabis components have been approved by this authority.

These include:

  • Epidiolex – this is a medication used to treat seizures caused by Drave or Lennox-Gastaut syndromes. FDA confirms that patients that are at least two years old can use this drug safely, and the medication can deliver the promised effects.
  • Cesamet – it contains nabilone, which shares a similar chemical structure as THC, and can help in treating anorexia caused by AIDS.
  • Syndros and Marinol – these drugs contain THC in a synthetic form, and are used to provide sleep apnea relief and promote appetite.

Despite these being the only drugs that FDA approved, users are resorting to CBD oil products for various health benefits.

Many of them indicate that CBD helps them to feel pain relief regardless of the type of pain.

That is why people are using these products for arthritis-related, sciatic nerve, and injury-caused pain. 

According to information received by the users, CBD may also assist in providing stress relief, especially during exhausting and tiring days. 

How to Use CBD Oil

Are you interested in trying CBD oil? The primary method of using it is sublingual, which means that you should put several drops of oil under your tongue. Hold them there for 30-45 seconds, and then swallow. 

It may not be the easiest, but it is one of the fastest ways of experiencing the effects of CBD. It shouldn’t take more than a few minutes to see how the product will work on you.

It is, however, vital to follow the instructions provided in the product manual. 

The quantity that you should consume varies from one individual to another, and also depends on CBD oil purity.

We suggest starting slow and working your way up until you find the optimal dosage.

If you are not a fan of the sublingual method, how about buying a CBD oil cartridge and vaping? It can be a fun and healthier alternative to smoking.

Although you will need adequate equipment, it can be great to consume CBD on the go and enjoy its health benefits.

Some other forms of CBD products include:

  • Capsules – you probably have experience with swallowing medications, and these capsules are identical to other pills. 
  • Edibles – the manufacturers offer a wide range of edibles containing CBD, such as baked goods, gummies, chocolates, and other candies. You can even try juices and other drinks containing cannabidiol.
  • Creams – these are intended for topical application, and they are convenient because of their capability to provide almost instant pain relief. 

The market has been expanding over the last several years, and that is a trend that will continue in the future.

That means we can look forward to new types of products containing CBD.

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