Due to its ability to naturally treat dozens of chronic conditions, the demand for Cannabidiol (CBD) has skyrocketed. As the popularity of the hemp-derived compound has begun to shift, so has the legal status of CBD in many states across America.
Legality of CBD as a whole is still very unclear due to different laws in different states. Because of this, many are deterred from using CBD, and instead of gaining the benefits of CBD, they’re stuck wondering: “Is CBD legal?”
The legality of Cannabidio) from hemp is based on a 2004 unanimous ruling by the 9th Circuit Court of Appeals, which determined that the DEA “cannot regulate naturally-occurring THC not contained within or derived from marijuana, i.e., non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled.”
The answer is not exactly straightforward.
Cannabidiol oil (CBD Oil) is made from cannabis, but is non-psychoactive. CBD oil that is made from industrial hemp is legal in the US. Recently, shops selling CBD oil products have been popping up all over the metroplex, with promises for relief. The Texas Department of State Health Services has begun to crack down on retailers selling food products made with CBD oil, claiming they have the power to regulate any food product that contains CBD oil.
BUT NOT ALL CBD OIL IS LEGAL. If there is any trace of THC in the CBD oil, the user could face prosecution for misdemeanor Possession of a Controlled Substance (Not in a Penalty Group). Texas also has banned the sale of smokable flower beginning August 2, 2020 by local retailers, however, you can still purchase smokeable products online from other states at this time.
While it’s true that CBD is legal in all 50 states, there are situations when it isn’t legal.
The difference between legal and illegal typically depends on several important factors determined by the state in question. There is, however, one very important factor that is a crucial determinant across all states, and that is “where the CBD is derived from–hemp or marijuana?”
Marijuana-derived CBD with less than .5% THC is legal for intractable epileptic patients who previously tried 2 other FDA-approved drugs.
If you do not live in one of these countries, CBD Oil extracted from a Cannabis Sativa Variety with a THC content less then 0.2% (Hemp) may be not illegal. However, you should inform yourself about the law in your country before ordering.