Is CBD Legal? CBD Laws Explained.

Is CBD Legal? What are the laws about CBD?

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The legality of CBD has remained one of the hottest topics in the world of hemp-based products. People who ask about the legality of CBD are highly interested in knowing what the law permits in terms of possession, use and administration of CBD.

TLDR: Yes, CBD is 100% federally legal as long as it comes from the cannabis sativa plant, also known as the hemp plant. The THC content must be below 0.3%, and if CBD comes from marijuana, the THC content will not meet this federal threshold.

This is because the laws guiding the use of CBD differ from one state to another. Check out our complete list of all 50 states below to see your state’s CBD laws.

For instance, although CBD is legal in the United States at the federal level, there are a select few states that frown at possessing or using these products for any reason. We classify these as the ‘red states.’

This is why it is always important to understand your state laws, in addition to the federal guidelines, when it comes to CBD use.

CBD is Federally Legal in the US

The 2018 Farm Bill is one of the greatest turnarounds in the cannabis industry. This bill is also known as the Agricultural Improvement Act (2018).

The Farm Bill removed hemp-derived CBD from the list of banned substances. That means CBD is federally legal for medical and recreational usage, with one catch:

CBD must come from hemp (no other cannabis plants), and must not contain more than 0.3% THC

THC is the psychoactive member of the cannabis plant family. It is responsible for causing people to feel ‘high’ after using marijuana. The law forbids the use of CBD that comes from the cannabis plants known as marijuana, because they contain an unusually high percentage of THC.

In the chart above, you can get a visual representation of how the marijuana plant is different from hemp plants (cannabis sativa plant). Since CBD oil can come from either plant, you should make sure your CBD oil is from hemp to remain legal under federal law.

The percentage of THC in marijuana is typically at least 15%, and can go up to 80%. This is why marijuana falls under the Controlled Substances Act.

Interesting fact: The Controlled Substances Act was formed in 1970, and hemp used to fall under this act as well, until the Farm Bill of 2018 officially removed it.

Hemp plants are home to over 473 chemicals classified as terpenes, cannabinoids, complex sugars and more.

Out of this vast number, about 124 chemicals have been identified as cannabinoids. CBD that’s found within many CBD products is only one of these powerful compounds. THC, as we discussed earlier, is another.

Cannabinoids are plant-based chemicals extracted from the cannabis plant. They possess similar configurations with the endocannabinoids, making them able to interact with cannabinoid receptors.

These cannabinoids, like CBD, are then made into a CBD oil.

These receptors (CB1 and CB2) can be found largely in the brain, peripheral organs, and immune system.

Where is CBD Legal?

Since the laws guiding the use, possession and sales of pure CBD oil products vary from one state to the next, we’ll look into which states CBD laws are either strange, or don’t permit the possession or use of CBD products.

What we have here is both a federal law, and state laws. All of them dictate CBD oil use. Thankfully, 95% of states all agree with the federal law that CBD oil is legal.

Related article: Why is Marijuana Illegal While CBD is Legal?

*As a side note, CBD is already legal in several parts of the world including: Croatia, Colombia, Canada, Bermuda, Australia, Argentina, Brazil, Netherlands, Lebanon, Jamaica, Macedonia, Portugal, Malawi, Sri Lanka, Thailand, Uruguay and the United States.

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