The Legal Status of CBD Oil

CBD oils have been rapidly gaining popularity across the United States among all types of people: athletes, medical patients, people looking for anxiety relief and many more. However, many people continue to have the same all-important question: is CBD oil legal?

The questions arose once again after the U.S. Drug Enforcement Administration (DEA) published a rule about CBD in December. In its announcement, the DEA restated its rule that all cannabis extracts, which includes CBD, are considered Schedule 1 substances. The agency issued this clarification to ensure American laws conformed with the treaties established by the United Nations to govern controlled substances.

This might sound like bad news for CBD oil companies and their loyal customers. However, the clarification only served to cause confusion among consumers, manufacturers and retailers, and as a result, the rule was instantly challenged in court by hemp and CBD oil producers from across the United States.

Since then, the DEA provided yet another clarification, which reads as follows:

  • The new drug code (7350) established in the Final Rule does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA).
  • The new drug code includes only those extracts that fall within the CSA definition of marijuana.
  • If a product consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360).

Since Industrial hemp is excluded from the definition of marijuana in the CSA, any product derived from Industrial hemp would be considered legal (including cannabinoid products) as long as it is compliant with the federal farm bill.

State by state

To add to the confusion, CBD laws can vary from state to state. In all the states where medical marijuana is legal (currently 28 states), CBD products are covered by the same legal protections.

16 states have passed laws just referring to CBD, which legalize both the possession and use of CBD products derived from marijuana for certain conditions. In these states, however, marijuana products with a certain amount of THC are still considered illegal. In most cases, the CBD-only laws are in place to limit the use and possession of CBD products to children suffering from epilepsy or nerve conditions.

So at the moment, people who enjoy using CBD products and find them beneficial do not have to worry about being able to get them legally, if they are derived from industrial hemp or have a state program that allows for the production and sale of marijuana derived CBD products. It is up to manufacturers and retailers to ensure they are operating in full compliance with the law.

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