August 23, 2022 5 min read

ARE CBD PRODUCTS LEGAL?

According to federal law, did you know CBD products are medicinal and legal? Herein is to know if they are legal or illegal, information from the Food and Drug Administration, legal resources for users, hemp-derived CBD legal, and confirming products' illegality.

CBD stands for cannabidiol, and it's an oil derived from the plant called cannabis. It's a dietary supplement made from organic ingredients, but you can take it in many ways. Medicine has been known for centuries. They are quickly becoming more specialized and more popular. CBD, in particular, has a key element of current health and well-being. Certain brands like pure kana CBD offer products from balms and oil to capsules and bath bombs. You can choose a flavor or scent from the varieties, which allows you to personalize your CBD experience and make it enjoyable for your taste. Below is what you should know regarding CBD’s legality.

Is it Legal?

Mead (2017) noted that CBD products are legal as long as they contain the legal amount of THC (0.3%). Even if THC is included, you may still be legal based on location. It's wise to ask for additional information on how it's made, documents regarding its make, and which compounds were used. The federal law that allowed businesses to start marketing CBD products is the agriculture improvement act 2018. The act legalized the farming of industrial Hemp, which, as defined by the act, contains less than 0.3% of THC chemicals in cannabis that gets people high. Suppose it contains more than 0.3% THC; it's considered illegal marijuana. Mead (2019) also comprehended that both marijuana and Hemp could contain CBD, but Hemp is federally legal; if CBD comes from marijuana, it's illegal, although hemp-based CBD is federally legal. Some states still consider any cannabis products illegal. Delta 8 gummies are legal in the united states in 30 states currently. In these locations, THC is legal to consume recreationally; the only limit is your preferences.

State CBD Laws

Many states in the USA have not yet altered their existing prohibition cannabis laws. However, most states allow for some types of cannabis use. In Texas, any amount of THC is illegal, including the 0.3% found in federal legal industrial Hemp. CBD is only legal if it falls under the 0.3% THC limit.

The Food and Drug Administration Oversight

It's a general body regulating and monitoring CBD-related products and has outlawed any CBD products that the FDA has not officially approved. i.e., any CBD products except Epidiolex. The FDA often fails to review and disprove/verify the claims made by the companies that sell CBD products despite its regulation. Because of the lack of regulations, sometimes CBD products illegally contain THC or other chemicals.

Legal Resources for Users

Cannabis laws are changing rapidly, making it difficult for consumers to stay updated on the newest development. It's worth looking into CBDs law; if you have questions or are facing legal charges because of cannabis, get assistance from an experienced legal professional.

Understanding Hemp and Marijuana

There is misinformation and confusion from people not understanding that marijuana and Hemp are different plants. Hence the products made using the compounds derived from each of these plants are also rather different. Schilling et al. (2020) stated that marijuana and Hemp are different varieties of the cannabis sativa plant. Both are naturally producing CBD, along with other CBD. Hemp and marijuana look the same; the biggest difference is the level of tetrahydrocannabinol (THC). THC is a compound that causes people to get high. It creates euphoria and may cause anxiety and confusion. Hemp has non-existence psychoactive effects, unlike THC. Marijuana contains a much higher THC which is higher than 30%. Marijuana is federally illegal in us and many other countries worldwide because it has a higher THC, producing mind-altering effects.

Hemp-derived CBD is Legal

Understanding the difference between marijuana and hemp is crucial in understanding the legality of CBD products. Hemp-derived CBD is legal on a federal level under the 2018 farm bill. The bill removed Hemp as a schedule I substance and reclassified it as an agricultural commodity. According to Corroon & Kight (2018), the DEA announced that CBD schedule I substance is illegal. Still, most misconception about the bill is that it legalizes all CBD products, whether the CBD was derived from marijuana or Hemp. For CBD products to be legal, they must adhere to all the regulations stated in the 2018 farm bill. It must not be derived from Hemp; it must contain less than 0.3% THC, be grown by a licensed grower, and adhere to state-federal regulations. The bill removed all sales restrictions, possession of hemp-derived products, and transportation. They can transport products across state lines if they meet state and federal laws.

Federal Legality doesn't Guarantee State Legality

States can have laws that set forth further regulations or ban CBD products altogether. CBD is legal on the federal level but doesn't automatically make it legal in all states. Before buying any CBD products, check into your state's law that is in place. For example, CBD products can be illegal in your state; however, its legal in your neighboring state.

Confirming Products Legality

Companies can advertise CBD products to be 100% legal, but it doesn't mean that what is marketed is essentially true. The only way to guarantee that the product is legal is by reviewing the certificate of analysis. It's a document created once an independent third-party lab has tested the product. It provides extremely detailed information about the product, including heavy metals, pesticides, residual solvents, microbial contaminants, and cannabinoids. Not only does it provide the presence, but it also provides measurements. In determining whether a CBD product is legal, you'll look at the findings for THC. The product meets all legal regulations if the percentage is below 0.3%.

Conclusion

The legality of CBD isn't clear as many people would hope. Nevertheless, understanding the regulations at the level of the federal states, it must be much easier to navigate the ever-growing and ever-changing landscape. Many countries have seen the product's potential, and many of them have started legalizing its use. CBD products come in edibles, powder, oil, and spray. Buying CBD products from reputable brands that embrace third-party testing is the best way to ensure you spend on legal products.

References

Corroon, J., & Kight, R. (2018). Regulatory Status Of Cannabidiol In The United States: A Perspective. Cannabis And Cannabinoid Research, 3(1), 190-194.

Mead, A. (2017). The Legal Status Of Cannabis (Marijuana) And Cannabidiol (CBD) Under US Law. Epilepsy & Behavior, 70, 288-291.

Mead, A. (2019). Legal And Regulatory Issues Governing Cannabis And Cannabis-Derived Products In The United States. Frontiers In Plant Science, 10, 697.

Schilling, S., Melzer, R., & Mccabe, P. F. (2020). Cannabis Sativa. Current Biology, 30(1), R8-R9.