The CBD oil market has been on an upward trend recently. The industry collects at least $3 billion every year.
For the uninitiated, CBD (cannabidiol), is a type of cannabinoid, a naturally occurring compound that is present in cannabis plants.
These plants, which can produce marijuana and hemp, contain about 113 different cannabinoids. CBD and THC are some of these compounds present in cannabis.
CBD, which is the second-most dominant cannabinoid, has no psychoactive effects. It won’t make you feel high like THC does.
CBD is being used in the treatment of a wide range of medical conditions, and brands like Royal CBD are popping up selling CBD oil in what seems like everywhere.
However, the legality of CBD oil in different parts of the world is obscure, so it is imperative to exercise caution whenever you are shopping for various CBD products.
In this article, we explore the legality of CBD oil in the United States.
Legality of CBD Oil in the United States
The legality of CBD depends mainly on its source. CBD derived from hemp is legal in all 50 states. On the other hand, marijuana-derived CBD is outlawed by the federal government.
Hemp and marijuana are similar in several ways. After all, they all belong to the cannabis family. However, the government defines hemp as any plant of the cannabis family that has no more than 0.3% THC.
Marijuana, on the other hand, is defined as any plant of the cannabis family that has at least 0.3% THC. Marijuana plants usually have a lower CBD percentage compared to their hemp counterparts.
That’s the primary reason most CBD products utilize hemp-derived CBD instead of marijuana-derived.
So, generally, if your CBD is extracted from hemp, it is legal. Conversely, CBD obtained from marijuana is only legal if the state in which you reside has legalized marijuana.
Currently, there are ten states where both recreational and medical marijuana use is legal, including:
- Washington, D.C.
There are 33 states where only CBD oil is legal. There remain only three states where any form of cannabis is completely outlawed. These are South Dakota, Nebraska, and Idaho.
If you don’t reside in any of the three states, you might be able to acquire CBD oil without worrying about getting into trouble with law enforcement. Nonetheless, you’ll still need to observe some FDA regulations.
In September 2018, the FDA approved Epidiolex, a CBD-infused drug, to help in the treatment of rare types of epilepsy in children. This is great news for many families in the US, but it does limit CBD sales for other purposes.
While hemp-derived CBD is legal to sell as an ingredient for cosmetics, it can’t be sold under federal law as an ingredient in dietary supplements, animal food, or human food. That’s because CBD is an ingredient in an FDA-certified drug.
Know Your Local Laws
In the United States, all 50 states have different laws and regulations on the sale and use of CBD.
There are ten states, including Washington, D.C., where marijuana use is legal, both recreationally and medicinally. You may freely acquire CBD oil in these states. In other states, only CBD oil for medicinal use is legal.
Take the time to understand where your state stands. Also, keep in mind that the legality of CBD is always evolving. Be sure to stay updated, so you don’t find yourself on the wrong side of the law when using CBD oil.