Since CBD Is Non-Psychoactive, Does That Mean It's Legal?
- David Anthony
- Jul 12, 2016
- 4 min read
The second most frequently asked question and in my opinion the most controversially important question of all, Is CBD Legal?

Today on "Learn" we will discuss The Legal Measures of CBD... From our last blog post "What is CBD?" you learned about CBD and that it is derived mostly from Hemp a species of the Cannabis plant family. So naturally there are some that say that is all the reason needed to make it illegal, on the same note with a little research you will find it is non-psychoactive and has many medicinal benefits, which is what makes this such a controversial topic. Technically CBD is legal, well in most cases. The United States considers Cannabidiol and all other plant cannabinoids Schedule I drug components, despite that CBD's total lack of addictive potential or any rational danger to humans or anything for that matter. You can find it listed as a Schedule I drug where it says tetrahydrocannabinols(THC) and others, which includes all cannabinoids, even CBD. There is case law that clearly carves out exceptions to the illegality of CBD. Although these are strict circumstances, they are real and allow for CBD to be produced and sold legally throughout all of the US. The key piece of CBD's legality is The Agricultural Act of 2014, commonly referred to as the “2014 Farm Bill”, enacted by the US Congress in 2014. Its a long bill, so for the purpose of this article lets discuss the specific section of the 2014 Farm Bill called “Legitimacy of Industrial Hemp Research.” In this section, Congress carved out an exception to the CSA’s definition of cannabis for what it calls “industrial hemp”, which it defines as “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol(THC) concentration of not more than 0.3 percent on a dry weight bases. Meaning Cannabidiol oil that comes from industrial hemp plants, like the products found on our website, are all 50 state legal because they are derived from Industrial Hemp. The United States FDA considers hemp oil (and it’s derivative CBD) to be a dietary supplement (not a medication), since they are made from industrial hemp plants. So if you live in the US, this means you don’t need a prescription and can legally purchase and consume Cannabidiol in any state. It is also legal to import and then sell industrial hemp and CBD products made from the mature stalks of the cannabis plant if they contain little to no naturally occurring THC. This is all good things for CBD but, it does not mean that homegrown CBD is now legal throughout the US. In fact, growing CBD-rich Marijuana and extracting CBD oil is only legal in the states that have enacted hemp laws pursuant to the 2014 Farm Bill. That being said, It cannot be extracted, manufactured, bought, sold, or possessed by anyone in a state in which it is not legal to grow Marijuana. Importantly, it cannot be shipped or transported from one state to another state, not even to another state in which it is legal grow Marijuana. So, if you live in a state which has not enacted a hemp law pursuant to the 2014 Farm Bill then you may not legally possess American made CBD. So to clarify what this means is that CBD oil extracted from Industrial Hemp IS LEGAL IN ALL 50 STATES. Where as CBD oil extracted from Marijuana Plants is legal only in states with laws permitting licensed facility to extracted, manufactured, buy, sell, or possesses Marijuana. An exception to strains that are CBD-rich and contain 0.3% trace amounts or less of THC, which are almost impossible to come by and whomever tries to breed new strains to fit into this category would be running the risk of creating strains that are to high in THC% making them illegal. Extracts from Marijuana flower and leaves instead of Industrial Hemp should allow for better quality CBD than what can be obtained overseas from industrial stalks and from offshore companies that manufacture CBD as an afterthought or byproduct of other markets for industrial hemp, such as fabrics and construction materials. For the most part this kind of CBD tends to be low quality due to its low percentage of CBD in the stalk and the methods necessary to extract it. On the other hand CBD oil extracted from the Marijuana flowers and leaves tend to have more richer quality CBD in abundance and is easier to extract, while using non-toxic methods. Which makes buying CBD oil a little scary, not knowing the quality of the oil or how in was extracted. Knowing whether or not it has ingredients that may not interact well with whatever else is in your body... Bring us to tomorrows question "Does CBD interact with other or medications?"
Want to learn more about CBD or Just curious to know what CBD is? Stay tuned to our blog Learn... This week is all about CBD. We will be answering some of the most frequently asked questions about CBD. In light of this weeks topic ALL CBD Products Are 20% OFF The Whole Week!!! Just use promo code "cbd20"
留言