CBD has become a widely used and sought after substance, but few people know if it is legal. Whether you’re looking to buy CBD oils, creams, gummies, or any other CBD-based products, it is important to be aware of any legal technicalities and information before making a purchase. So, here is everything you need to know about the CBD legal status.
Hemp and Marijuana-Derived CBD
The CBD legal status largely depends on whether the CBD is hemp or marijuana-derived. Although the two are close relatives, hemp and marijuana have completely different legal statuses. While hemp-derived products are legal on a federal level, marijuana-derived ones are not.
Both hemp and marijuana can produce plenty of CBD. But what they differ in is their chemical composition. While hemp has a rather low percentage of THC (the intoxicating compound of cannabis), marijuana’s THC levels are much higher. Because of its high THC concentration, marijuana has strong psychoactive effects.
Hemp, on the other hand, doesn’t have high THC levels. In fact, the THC concentration in hemp does not exceed 0.3%, which is why it has no psychoactive effects and is legal. So, if all the products based on hemp adhere to imposed laws and regulations, they will be legal as well.
CBD Legal Status: Federal and State Levels
The CBD legal status also varies depending on the judicial level you look at.
On the federal level, everything is rather straightforward. Federal laws state that hemp-derived CBD is legal to sell and buy.
But, the answer gets a bit trickier when we look at states. Every state has its own laws, so each one decides whether CBD is legal for itself. Up to today, only three states haven’t legalized hemp-based CBD: Idaho, Iowa, and South Dakota.
Although we said marijuana is illegal on a federal level, some states do allow for its recreational or medicinal use. Those states are Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. Using marijuana-based CBD in these states would thus be legal as well.
Legalized vs. Regulated
Now, just because something is legal doesn’t mean that it is regulated. Most states have only the simplest of laws on CBD use and production, which allows for a lot of misuses and false information floating around.
For starters, although federal laws allow you to buy hemp-based CBD, different states may impose different restrictions on you. For example, in Virginia, you can buy CBD if you have a prescription and use it for medical purposes only. Then, some states allow CBD to be sold and bought only in the form of dietary supplements or food. So, whether you can buy CBD and how you can use it largely depends on which state you are in, regardless of federal laws.
State laws and regulations are also prone to change, especially nowadays. Regulations shift regularly, so it is important to stay up to date with any changes since this field is still fairly new. The FDA is also in the process of coming up with new, transparent rules because they want to erase the possibility of manipulation and evasion of the law.
Another important thing to note is that CBD companies are often trying to find blind spots in the law and profit off of the fact that regulations aren’t clear or strict. Such practices lead to suspicious product origin and quality, as well as the use of low-grade chemicals and no prior lab testing of their products. So, choosing a good supplier is also rather important because not everyone can be trusted.
As we saw, the CBD legal status is quite a tricky subject. Federal laws allow selling and purchasing CBD if it comes from hemp. But, every single state has its own laws and regulations you need to look up before purchasing or using it.
The most important takeaway from the information above is that you need to do a lot of research about the legality of CBD. So, don’t take anything at face value. Always make sure you are up to date with the federal and state laws, as they are always changing. Also, pay attention to the products you are buying, how they are made, what regulations they adhere to, and what their quality is. By doing so, you will be able to enjoy yourself fully while staying safe and within the law.