Is CBD Legal?

Restrictions Regarding CBD
Restrictions Regarding CBD
Restrictions Regarding CBD
Restrictions Regarding CBD

There are a plethora of Cannabidiol (CBD) products available in the market and you can find them in regular stores and pharmacies. Some people are hesistant to purchase them citing their doubt about the legality of these products. They are more worried about failing a drug test if they consume these and because there is a stigma associating them as getaway drugs. Here we will discuss the legal status of CBD products across the country. Read ahead to know what are the different laws and restrictions regarding CBD.

Federal law on CBD

Government of the US recognizes two variants of cannabis plants namely marijuana and hemp. Marijuana contains higher levels of THC, up to 30% and lower levels of CBD, whereas hemp contains higher levels of CBD or cannabidiol and a very small amount of THC. THC or tetrahydrocannabinol is psychotropic and is the reason for causing high. CBD is not and has got various therapeutic and medicinal properties. The 2018 Farm Act legalised the cultivation of hemp and CBD that contains less than 0.3% THC. Marijuana comes under the category of Schedule I drug under federal law.

There are certain regulations under the Farm Bill for growing the hemp plant and the levels of cannabinoids in hemp-derived products. So, a hemp CBD product that has legal THC levels but not produced by a licensed manufacturer is illegal under federal law. The US FDA regulates these products under section 351 of the Public Health Service Act and the Federal Food, Drug and Cosmetic Act.

As CBD is an important constituent of the drug Epidolex, it is a drug ingredient according to the FDA. Therefore it cannot be sold or marketed as a dietary supplement or therapeutic product. The FDA has the authority to issue notices to manufactures that violate this.

State Laws Regarding CBD

There are gaps between state and federal laws. Hemp-derived products are illegal in some states such as Idaho and Nebraska. The states are updating their local laws in tune with the federal regulations. It is legal in states like Colorado, Vermont and California. So, it is better to make yourself familiar with the local cannabis laws.

Finding Products that are Legal

As the state laws are being updated and evolving according to federal regulations, finding legal products can be tricky. It is safer to buy products that are sourced from hemp grown in the US. Look for products with packages that have third party certificates. The state of Indiana requires to have QR code on the label to let customers download the certificate. Ensure that the lab testing follows ISO 17025 standards.

Therefore it is better to buy CBD products when you can confirm on the above points. In many states, it is illegal to cross the state limits even with legal products.