Is CBD Legal?

Because of its association with the cannabis plant, many consumers question whether or not CBD oil and CBD products are legal to buy and use where they live. Here, we help to clarify the answer to the question, “Is CBD legal?”

Since the beginning, when Medical Marijuana, Inc. became the first company to retail hemp-derived CBD products to customers nationwide in 2012, CBD has existed without clear legal status. Recent legislation by the federal government in the U.S. has finally changed that. So is CBD oil legal?

Medical Marijuana, Inc. is the first company to retail hemp-derived CBD products to customers nationwide in 2012. At that time, CBD did not yet have a clear legal status. However, recent legislation by the federal government in the U.S. has finally changed that. So, is CBD legal?

The short answer is that, yes, hemp-derived CBD (cannabidiol) is federally legal in the United States. However, the actual answer is more nuanced. If you are interested in learning more about the specifics, keep reading to discover how recent legislation affects the legal status of hemp and whether CBD oil is legal.

2018 Farm Bill Legalized CBD

Due to legislation passed at the end of 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 as well.

Hemp legalization came to pass due to 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 law removed hemp completely from the Controlled Substances Act (CSA) and allows it to be sold as an agricultural commodity. Not only that, but the Hemp Farming Act of 2018 also allowed hemp to be used commercially in the manufacturing of products. That means that all hemp products are now federally legal in the U.S., including CBD oil products derived from hemp.

Since CBD products are now federally legal, you can safely take them through TSA checkpoints when flying without any fear of getting in trouble. As long as travelers have CBD products that adhere to the regulations outlined in the 2018 Farm Bill, the TSA will permit them on an airplane.

This change applies only to hemp. Marijuana is still illegal on a federal level, including CBD products made from marijuana. We will cover the difference between hemp and marijuana next.

Legal Differences Between Hemp and Marijuana

Hemp and marijuana are both considered types of cannabis plants. While they come from the same type of plant, their different chemical makeup means that 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 differentiator between hemp and marijuana in the eyes of the law is the level of THC found in the plant. THC, which is short for tetrahydrocannabinol, is the chemical found in cannabis, and more specifically marijuana, that presents users with euphoric and psychoactive effects.

In order for cannabis plants to be considered hemp, it must have 0.3% THC or less by dry weight. This extremely low level of THC ensures that hemp is not intoxicating and cannot be used to induce a psychoactive or euphoric effect. While hemp is federally legal in the U.S., the high levels of THC found in marijuana make marijuana federally illegal.

CBD products derived from marijuana that contain a very high level of THC are still federally illegal and are considered a controlled substance under the Controlled Substances Act. However, since medical and recreational marijuana is legal in several states, you may be able to find CBD products with more than 0.3% THC in marijuana dispensaries in states where marijuana is legal.

Therefore, it is not the CBD itself or CBD products that are 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 and THC are still federally illegal.

Is CBD Legal in My State?

Is CBD legal where I live? While hemp-derived CBD products are legal under federal law in the United States, it is important to keep in mind that individual state laws are dynamic and fluid. Individual states may enact their own laws regarding the legality and distribution of hemp-derived CBD.

Your state’s laws regarding CBD and hemp may affect the types of CBD products that are available to you when purchasing online or in stores. Before buying CBD or traveling with it to other states, we recommend that you become aware of any local laws that may affect you.

Read more about state-level cannabis laws.

The Role of the U.S. Food and Drug Administration (FDA)

With the removal of hemp from the list of controlled substances, regulation of hemp and hemp-derived CBD now falls on the U.S. Food and Drug Administration (FDA). The agency is working to create a framework that would clearly regulate the creation, sales, and marketing of CBD products for consumers.

The goal is to have a system in place that makes sure that all CBD products for sale are safe for consumption and actually feature high-quality CBD. The FDA also wants to be able to regulate the marketing claims made by CBD manufacturers, stopping distributors from making outlandish claims without evidence and data to back them up.

Until this is implemented, responsible CBD oil manufacturers in the U.S. are taking it upon themselves to pursue quality measures to make sure the customer is always receiving reliable and safe CBD. This means adherence to the use of good manufacturing practices (GMP) and conducting strict product testing. At Medical Marijuana, Inc., we put every CBD product we sell through our industry-leading Triple Lab Tested® standard to ensure our customers only receive CBD products of superior quality.

Is CBD Legal Outside of the United States?

CBD is legal federally in the United States, but what about the rest of the world? CBD products are also legal internationally in many countries around the world. However, the level of legality and classification of CBD may vary. In some countries, they are listed as prescription medications. In others, CBD oil is sold as consumer products, just as they are here in the U.S.

Medical Marijuana, Inc. and our family of companies currently distribute our CBD products to dozens of countries internationally, within the laws regarding CBD in these markets. Our goal is to get customers access to our first-rate CBD oil products that are safe and legal.

Want to Learn More About CBD?

If you are interested in learning more about CBD and the legality of CBD products, Medical Marijuana, Inc. has put together tons of useful resources to help you. Visit our CBD Oil Education page to learn more about a range of topics, including more information 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.