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Understanding Cannabidiol – Is CBD Legal?

Many people who are interested in the therapeutic effects of cannabidiol are wondering the same thing: Is CBD legal? The answer, unfortunately, isn’t clear-cut. Although CBD oil has grown incredibly popular with increasingly more people seeking it out every day, it still isn’t a simple matter to find out whether it’s legal or not – because it depends mostly on where you are and whom you ask.

CBD oil, if you aren’t familiar with it, is a naturally-occurring compound found in cannabis. However, it is not psychoactive like THC; instead, many people report that it provides health benefits such as anxiety relief, pain reduction, and better sleep. There are many ways to ingest it, from sublingual drops to topical rubs to sprays, foods, drinks, and vapors. However, is CBD legal?


Where is CBD legal?

To know the answer to this question means you have to know what the law says where you live because states take different approaches. If recreational cannabis is legal in your state – and you’re at least 21 – then you won’t have any trouble finding and taking CBD. If only medical marijuana is legal in your state and you have a prescription, then you’re good to go as well. For everyone else in the United States, there are no comprehensive, definitive answers. To further complicate matters, laws continually change and evolve as the industry grows, so the question of is CBD legal still hangs in the air.

One thing that’s clear is that marijuana is still federally outlawed and the DEA claims that it has no valid medical use and a high potential for abuse even though the evidence shows otherwise. Even the World Health Organization concluded that CBD was safe. In 2017, the DEA made marijuana extract illegal and defined marijuana extract as one that contained one or more of the plant’s cannabinoids, which would include CBD.

Is CBD legal


Hemp vs. Marijuana

One of the issues is whether your CBD derives from hemp or marijuana. When it comes to CBD manufacturing, marijuana-derived CBD is frowned upon more often because of its THC-rich origin (even though there is very little difference between it and hemp-derived CBD; here’s a good explanation).

It does not appear that CBD busts are a high priority for local law enforcement. If you want to be sure that you’re in the clear, you can ask your CBD provider where their products come from; the CBD should come from a state-licensed grower and contain less than 0.3% THC, and it’s reasonable to expect your provider to know the origins of the products they sell. However, there appears to be little to be concerned about; if a rule doesn’t get enforced at the federal or state level, it is for all intents and purposes, not a relevant law.


What It Means For You

Plenty of lawmakers and activists are hard at work trying to change the DEA’s definition of marijuana extract and, in turn, the complicated laws surrounding CBD. It appears likely that CBD will be legalized at the federal level within the next year or two because of how much momentum there is behind the movement.

In the meantime, we can look to cannabis-friendly states such as Colorado for a glimpse of what to expect. There, for example, hemp products including CBD are treated like food, subject to the same inspections, regulations, and recalls as other food products. Control is a step in the right direction because it crowds out scammers and helps keep the CBD supply consistent, effective, and safe. Is CBD legal? For now, research the laws in your state or confirm that your CBD is hemp-derived, and you’ll have no reason for concern.

At Hemp Labs of America, we create custom private label CBD products derived from hemp and able to be shipped legally to all 50 US states. When it comes to white labeling and hemp oil, we can provide you with a range of CBD products including tinctures, balms, and more. Choose from custom formulas or available ready-made options; either way, you’ll get the quality products you want and the service you deserve.

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