We receive questions concerning the legality of CBD almost daily. A common question is, now that hemp is legal, is cannabidiol (CBD) legal too? Here is where our research has led us….
On December 20th, the 2018 Farm Bill became law after being easily passed by the Senate and signed off on by the President. What does this mean for the CBD industry? The federal government now fully recognizes hemp as a legal agricultural product, meaning that hemp, the primary plant from which CBD is derived, will now be overseen by the Department of Agriculture as a crop rather than by the Justice Department as an illegal substance.
In amending the Controlled Substances Act of 1970, the new Farm Bill refers to a new definition of “hemp” as being any C. Sativa plant that has THC below 0.3%. This bill does not fully legalize cannabis, but it does legalize strains with low THC (i.e. hemp). According to a 2019 Psychology Today article, from a CBD standpoint this means that so long as CBD is extracted from hemp and completely pure (without any THC) and grown by licensed farmers in accordance with state and federal regulations, it is legal as a hemp product.
But in response to the 2018 Farm Bill, the government still wants their hand in the cookie jar. The FDA issued a statement noting that they still have authority to regulate cannabis and cannabis-derived compounds like CBD, regardless of its source. So while hemp is now legal to grow and CBD is now legal to extract from hemp, what the FDA’s plans are remains to be seen.
According to Forbes, CBD has been legalized in some form or another in all but 3 states – Idaho, Nebraska and South Dakota. If you currently live in one of these states, it’s imperative you know what kind of CBD extract you are using (hemp or marijuana) and where it comes from. If you live in any of the other 47 states and are using hemp-derived CBD, especially if it’s THC-free, you have little reason for concern.
In summary, as the list of potential benefits from CBD continue to grow, so does the clarity concerning its legal status, though the dust hasn’t completely settled on the subject. For extra peace of mind, Botanic Balance will continue to provide its customers with product lines that are manufactured using only 99+% pure CBD and are exclusively THC-free.
* With the passing of the 2018 Farm Bill, the legality surrounding CBD is changing rapidly both at the state and federal level. This content is for informational purposes only and should not be considered legal advice. If you are questioning whether you should purchase and/or consume any CBD products, we recommend you contact your state department or an attorney to obtain more specific guidance.