Is CBD oil legal? cannabis is Federally illegal, right? And CBD comes from cannabis, of course. So why, then, is CBD oil legal? This is a common question among new CBD users.
Hemp is one of the oldest crops known to be cultivated by humans dating back thousands of years. Today, hemp is grown legally in countries around the world – including the United States – as an industrial crop on a large scale. European farmers grow more than 3,000 cultivars of hemp.
There are many reasons why hemp is a popular plant for farmers. It’s easy to grow using natural farming methods without the use of pesticides and chemical fertilizers. It needs half as much water as wheat to grow. It’s fibers have a myriad of uses from textiles to building materials.
Industrial hemp can be used for food as well. Hemp seeds are considered to be a superfood for their complete amino acid set and perfect balance of healthy omega fatty acids. They also contain concentrated antioxidants, a host of vitamins and minerals, and other many other healthy nutrients.
First, not all CBD is created equal
It is true that CBD is extracted from the cannabis plant. But the cannabis plant comes in a wide range of strains.
On one end of the spectrum is modern, cultivated marijuana, grown specifically for its THC content. THC is the compound in marijuana that gets you high. And it’s the reason that cannabis is illegal in several states as well as Federally.
On the other end of the cannabis spectrum is industrial hemp. Industrial hemp contains negligible amounts of THC – less than 0.3 percent, by law.
Both THC and CBD are cannabinoids. There are more than 100 cannabinoids found in cannabis. THC and CBD are the two most common. The others are generally found at very low levels.
Although hemp effectively does not contain THC, marijuana does contain CBD in many cases. The CBD made from marijuana is only legal in the state in which it was manufactured, and sometimes only to medical patients.
An important note, if you’re avoiding THC, it is important to buy CBD products that are THC free. All Curative Biosciences products are extracted from industrial hemp and contain zero THC.
Is CBD oil legal according to the US Government?
There are currently no federal laws that specifically address the legality of CBD. The Agricultural Act of 2014, which is also known as the Farm Bill, is the primary agricultural and food policy tool used by the federal government. The bill, which was signed into law by President Obama, included “Section 7606, Legitimacy of Industrial Hemp Research,” which allowed for the legal cultivation of industrial hemp in certain states under certain conditions.
The Agricultural Act of 2014 is an important document in CBD oil’s legality. If a plant is deemed legal (it’s THC level under .3%) then all products made from the that plant are legal as well. This can’t be overstressed.
Also, according to the Omnibus Appropriations Act of 2016 as well as a federal court case called USA v. Marin Alliance for Medical Marijuana, industrial hemp may be legally processed, transported to, and sold in states that have not enacted industrial hemp laws pursuant to the 2014 Farm Bill. That means all 50 states.
Also, an important federal court case called Hemp Industries Association, et al, v. Drug Enforcement Administration, it was determined that CBD obtained from the mature stalks of the cannabis plant is legal throughout the United States.
Is CBD oil legal in all 50 states?
There are a number of food products made from hemp that are perfectly legal across the nation. These include hemp seed hearts and hemp seed oil – both considered to be superfoods, by the way.
The US government considers hemp extract, which does contain some amount of CBD, to be a food product. It’s just the same as a product such as vanilla extract or peppermint extract or any other legal essential oil extracted from plants. For this reason, hemp extract, which does contain CBD, is completely legal across the nation in all 50 states.
You may also be interested in our article, Will CBD oil get me high?