The legality of CBD oil is in the gray zone because the ultimate decision lies with the state. Although the Farm Bill was passed in 2018, making CBD oil legal at federal levels provided the THC levels are less than 0.3%, some states consider it illegal.
When the Farm Bill was passed in 2018, it meant happiness for many people. Many CBD oil enthusiasts, with some using the cannabinoid to manage some conditions. However, before the legalization of CBD oil in 2018, many people feared having, selling, or buying CBD oil for fear of being acquitted. While the cannabinoid is legal at federal levels, most states have it legal while others have legalized it partially for specific purposes or consider it illegal. This article helps you understand CBD oil and its legality at the federal and state levels.
What Is CBD?
CBD (cannabidiol) is a chemical substance in cannabis plants and is one of the many active compounds called cannabinoids. Unlike its sister THC (tetrahydrocannabinol), with which it shares a chemical structure, CBD is non-psychoactive and will not leave you ‘high’ or ‘stoned.’ It is this very reason that CBD oil is attracting many consumers. CBD is available all over the health stores and in dedicated CBD shops and stores. You can enjoy it as CBD gummies, edibles, tinctures, oils, capsules, vapes, and topicals.
Types of CBD
Each product mentioned above, whether a capsule or a gummy, takes one form of the following CBD formulations or types;
- Full-spectrum CBD; features CBD, terpenes, flavonoids, and the whole gamut of cannabinoids, including the psychoactive THC, CBG, CBC, and CBN. CBD is linked to a full entourage effect because of the many compounds present in the full spectrum.
- Broad-spectrum CBD; has CBD, terpenes, flavonoids, and as many cannabinoids as in full-spectrum CBD oil, only that it lacks the psychoactive THC and will not make you high unless otherwise. Still, it is linked to a full entourage effect because of the multiple compounds.
- Isolate-based CBD; has CBD as the only compound and does not feature terpenes, flavonoids, or additional cannabinoids.
Is CBD Legal at Federal Level?
CBD is legal, at least at the federal level. In 2018, President Donald Trump announced the passing of the Farm Bill for the first time since steps and movements started to push for its passing. The passing declared industrial hemp with less than 0.3% THC legal and, by extension, CBD oil with less than 0.3% THC. Since then, many countries have embraced CBD oil, explaining the many CBD brands in different states and the different CBD shops and stores, whether they deal in health foods or are exceptionally dedicated to producing CBD oil.
The Loopholes in the Farm Bill
Even though the Farm Bill was passed to make CBD oil and industrial hemp with less than 0.3% THC legal, CBD legality is gray for most states and people. There are instances when people have been arrested, detained, and locked in jail for days or years because they used, had, or bought CBD oil or its products. While it is true that the Farm Bill made CBD oil legal, it granted states the right to amend the CBD laws and make laws that would govern their jurisdiction henceforth, which has turned out for the good or bad in different states.
Varying CBD Laws Across States
Because the states were granted the mandate to formulate their own CBD laws, we rightfully expect various states to have varying CBD laws. Some states, including New Jersey, Washington, Arizona, Alaska, and the District of Columbia, have no restrictions on CBD oil, meaning the cannabinoid is fully legal in these states. Medical and recreational marijuana is also legal in the mentioned states, and whether the CBD oil or product in question is from hemp or marijuana does not matter.
Still, some states have CBD legal for medical purposes. Such states include Hawaii, Connecticut, Arkansas, Utah, and West Virginia. These very states also allow medical cannabis. Some states, including Idaho, allows CBD oil for medical purposes only and still impose restrictions that the cannabinoid in question be derived from the stalks of mature plants and have not more than 0.3% THC. In Tennessee, you can buy, use, possess, or sell CBD oil legally if the total THC concentration is not more than 0.6%. Still, some states consider CBD oil illegal, and possessing, using, selling, or buying it is considered an offense and will land a person in trouble with the authorities.
Know the CBD Laws of Your States and the Neighboring States
Following various state CBD laws, you need to understand what your state says about CBD to avoid trouble. If your state considers CBD oil legal, do your research to understand your neighboring states’ CBD laws, especially if you have to travel and visit another state. What might be legal in one state might land you in trouble in another state, and you might find yourself paying hefty fines or landing jail terms you never anticipated.
Is Epidiolex Legal?
Epidiolex is a cannabis-derived drug approved by the FDA for managing Dravet Syndrome and Lennox-Gastaut, two rare forms of epilepsy caused by tuberous sclerosis. Although it is federally legal, it is wise to consult your state laws on the drug. In some states, you might have a problem with having a cannabis product, even for medical purposes. If you have to buy a CBD product, always have a CoA as proof for 3rd party testing.
Conclusion
Although CBD oil is federally legal, its legality is in the gray zone. Some states consider the cannabinoid fully legal, while the rest have it partially legal with some restrictions or completely illegal. Being up-to-date with the CBD laws in your state and the neighboring states will help you avoid trouble, especially when traveling across states.
I believe that nutrition science is a wonderful helper both for the preventive improvement of health and adjunctive therapy in treatment. My goal is to help people improve their health and well-being without torturing themselves with unnecessary dietary restrictions. I am a supporter of a healthy lifestyle – I play sports, cycle, and swim in the lake all year round. With my work, I have been featured in Vice, Country Living, Harrods magazine, Daily Telegraph, Grazia, Women's Health, and other media outlets.
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