Is CBD Legal?
Is CBD Legal?
** DISCLAIMER: the following is not legal advice. Consult a lawyer and the laws in your state before buying or selling CBD products. **
This is a question we hear a lot. Buying and selling CBD today is not as straight forward as we would like it to be. In December 2016, the DEA declared that CBD is and always has been considered a schedule 1 substance, falling under the same category as “marijuana extracts”. This is currently being challenged.
CBD can be sourced from two distinct varieties of cannabis plants: marijuana and industrial hemp.
Marijuana is casually defined as a cannabis plant containing more than 0.3% THC (when compared to hemp).
Industrial hemp is casually defined as a cannabis plant containing no more than 0.3% THC. The following is a more in-depth, legal definition of industrial hemp is: Industrial hemp is a multi-part definition: (1) the plant cannabis sativa L., (2) grown pursuant to a State’s pilot research program, (3) containing less than 0.3% THC on a dry weight basis. So, as you see you can source CBD from both marijuana and industrial hemp. They both contain CBD in varying quantities. The legality of CBD is determined by where it’s sourced from.
CBD sourced from marijuana is legal in states who have medicinal or recreational programs for marijuana use. Examples of states like this are Colorado and Washington.
CBD sourced from industrial hemp is legal in states with hemp farm bill programs for growing industrial hemp. CBD sourced from industrial hemp is also legal in states which have laws which allow for use of CBD products but may not allow for the use of marijuana products. An example of one of these states would be Kentucky or Texas. Keep in mind that cannabis laws currently vary state by state. In the future, this may change but for now, each state makes their own independent decisions on cannabis law.
Can CBD Products Be Sold Online?
Since CBD sourced from industrial hemp grown in a state authorized to grow industrial hemp is not illegal, it can be sold across state lines. Most CBD products made from industrial hemp are sold online and delivered across state lines to consumers. Shipping CBD hemp oil products across state lines is legal as well due to laws on hemp products sourced from hemp grown by a licensed grower in a state with a hemp pilot program.
As a distributor of CBD, we make sure that the buyer is buying at his/her own risk and acknowledging that CBD hemp oil is lawful to obtain and use in the state where they reside. We take the safest approach by sourcing, selling, and shiping our CBD hemp products from a state authorized to grow industrial hemp under the 2014 Farm Bill.
Here are some additional sources you can use to research the legality of CBD products:
STATE INDUSTRIAL HEMP STATUTES
The 2015 Omnibus Spending Bill is the savior of interstate commerce of CBD. In this bill, it states that: no federal funding shall be used to interfere with interstate commerce of products made from hemp grown under the rules laid out by the 2014 Farm Bill section 7606.
The Agricultural Act of 2014, more commonly known as the 2014 Farm Bill, opened up new doors for the hemp industry by legalizing some cultivation activities that have since allowed the industry to grow in unprecedented ways.