The Short answer: CBD is legal at the federal level if it contains less than 0.3% THC.
Of course each state has their own laws and regulations. Which is why the laws get sticky from there (pun intended).
Cannabis and its compounds have been known for ages but are now becoming more advanced, stronger, and widely used. CBD, in particular, has emerged as a significant player in the health and wellness scene. But the big question remains: Is CBD legal?
The answer to the legality of CBD is complex, as it’s both yes and no, depending on several factors. These factors include:
- The laws of the state and the federal government regarding cannabis and hemp
- The origin of the CBD
- The method of consuming CBD, like smoking, vaping, or eating
- How the CBD product is advertised
Federal Cannabidiol Laws
The key federal legislation that opened the market for CBD products is the Agriculture Improvement Act of 2018. This law made it legal to farm industrial hemp, which is defined as having less than 0.3% THC (the compound in cannabis that causes a high). If hemp has more than 0.3% THC, the federal government classifies it as marijuana, an illegal drug.
CBD can come from both hemp and marijuana, but federally, if it’s from hemp, it’s considered legal. If it’s from marijuana, it’s illegal. Even though hemp-based CBD might be legal under federal law, some states still treat all cannabis products as illegal.
State CBD Laws
Most states in the U.S. allow some form of cannabis use, but many haven’t updated their laws to reflect federal changes. In Texas, for instance, any THC level is illegal, even the 0.3% in legal industrial hemp. CBD is only legal if it stays under that 0.3% THC threshold.
Food and Drug Administration Oversight
The Food and Drug Administration (FDA) is supposed to regulate and monitor CBD products. However, it has banned all CBD products that it hasn’t approved, except for Epidiolex.
Despite these rules, the FDA often doesn’t check the claims made by CBD product sellers. This lack of regulation means CBD products sometimes contain THC or other chemicals illegally.
In summary, the legality of CBD hinges on various factors, from where it’s sourced to how it’s consumed and marketed. While federally legal if derived from hemp with less than 0.3% THC, state laws can differ, and FDA oversight adds another layer of complexity.
Do not consider this legal advice. Always check with a lawyer!