Know The Law: Is CBD Oil Legal?
How I select the products I link to:
Finding out the answer to the question “is CBD oil legal?” has been a journey and every changing across America in recent years. CBD extracted from hemp is legal at the federal level. The reason for mentioning the hemp-derived CBD is that it also comes from marijuana, which is illegal in the US under the federal laws and in many other counties.
According to the 2018 Farm Bill, industrial hemp can have less than 0.3% THC. In case you don’t know, THC is a psychoactive element that has the ability to make you high and is associated with marijuana. In comparison, CBD is non-intoxicating and contains a negligible amount of THC. This is the reason laws pertaining to CBD are less strict compared to other cannabis compounds. It is also extremely important to know that this blog is only informative and not law. Different agencies and companies have their own regulations. If you are an athlete, check with your sport’s governing body.
CBD from Hemp Plants
The Agriculture Act of 2014, which you may know as the 2014 Farm Bill, was a great step. It’s a pilot program that legalized core cultivation activities for the hemp industry, allowing it to grow. The House and Senate passed the new farm act in December 2018, signed by President Trump.
This Act removed hemp, defined as cannabis and its derivatives containing less than 0.3% THC, from the definition of marijuana in the Schedule 1 Controlled Substances list. A few days after the Farm Bill got signed into the law, the FDA issued a statement. It said any CBD product extracted from hemp, which states itself of having therapeutic benefits or as a dietary supplement, is completely illegal until the FDA has checked and approved it.
However, the Drug Enforcement Administration (DEA) characterizes CBD as any other crop as it contains less than 0.3% THC (any compound with a higher concentration of THC is marijuana). This makes it legal to grow and sell in the United States. It also gives farmers different rights to cultivate hemp, including water rights, research, marketing, insurances, and other rights that all the farmers usually have.
But, hemp-derived CBD that comes from marijuana plants is still illegal under federal law, and its legal status varies from states to states. If the CBD comes from a hemp plant, containing only 0.3% THC, you can purchase and consume it, but as mentioned, some states have their respective laws on the cultivation, possession, and consumption of CBD. This means that CBD’s legal status has some variation at the state level, but it is clear at the federal level.
Why Was CBD not Legal?
So, is CBD oil legal? Yes, it is legal in some states. But you may also want to know why it was illegal before. The main reason is that the CSA –Control Substances Act did not distinguish between hemp and marijuana before the enactment of the new Farm Bill. Hence, all cannabis (and its derivatives, including CBD) was in the Schedule I substance list.
Besides, when marijuana got illegal, consumption of all associated derivatives, compounds, and related plants also became illegal.
When experts began to research, they discovered many benefits of CBD for various health issues. Moreover, studies also showed that not only this element is useful, but it also can’t make you high, especially when extracted from a hemp plant with less than 0.3% THC.
Why Hemp Seeds and Their Oil Is legal?
A hemp plant can unexpectedly start growing marijuana loaded with THC due to sexual reproduction and pollination. Cannabis pollination causes flowers and their buds to set seed and prevent making cannabinoids. This makes hemp seeds and their oils free from cannabinoids. You can only consider them illegal if THC residue lands on them.
Similarly, cannabis pollination has the ability to inhibit the growth of female plants, which is not good if you are cultivating this plant for fiber. Moreover, cultivators must be careful during the extraction process as THC can contaminate CBD crops.
Hemp seeds and oil are legal, but due to a myth that both have narcotic effects, there are limited researches about their benefits. However, this is no true. Let’s understand why CBD derived from hemp cannot make you high.
Your nerves get the chemical messages through neurotransmitter receptors. Cannabinoids have two receptors called CB1 and CB2. This is the reason the effects of THC and CBD differ from each other. THC can make you high because it is almost the same as the CB1 receptor, but CBD is quite different. CBD does not come in contact with the CB1 receptor. According to some researches, CBD can promote the body’s naturally produced endocannabinoids.
Another thing that proves CBD is not psychoactive is that it can treat seizures. CBD can maintain a balance of calcium in nerve cells, which prevents electrical overloads and damage that happen during seizures. Moreover, CBD can reduce stress and anxiety. It also helps improve the sleep cycle of patients with Parkinson’s disease, multiple sclerosis, and Huntington’s disease.
But still, the FDA has not approved the use of CBD in the medicines of these diseases. It can take years for the FDA to properly structure the laws to use CBD for various treatments.
What Is the Age Limit for Buying CBD Oil?
Is CBD oil legal? You have got the answer to this question already. But this doesn’t mean anyone can use it. There is an age limit for buying CBD products, but it depends on various factors.
The first thing you need to understand is if the CBD is derived from marijuana, it will have more than 0.3% THC, which is illegal. In states where marijuana and medical marijuana are legal, you need to be 21 years old or older to purchase its products or even enter any marijuana dispensary.
Moreover, many companies that sell CBD oil products have strict regulations that their customer must be more than 18 years old to purchase CBD products. Many reputable companies selling CBD oil and CBD-infused products have a strict procedure to ensure that CBD products don’t end up in the hands of children.
Is CBD oil legal? You have got the answer. This substance is beneficial for various diseases and disorders, but you need to pick the right one to avoid any trouble. If you are looking for high quality, hemp CBD oil or other products, Pure Kana is a reliable and trustworthy brand.
They offer CBD products, especially hemp CBD oil, with less than 0.3% THC. Moreover, you can buy other Pure Kana’s CBD products, which are beneficial for many problems. The best thing is you can avail of a 20% discount on their entire collection using the discount code CODY20.