May 20, 2020
There is plenty of confusion surrounding CBD and if it is legal or not in the United States. The reason for this is because CBD is made from cannabis plants. Raw cannabis plants like marijuana contain THC which causes the psychoactive “high” that you experience from marijuana and THC. To further muddy the waters we are seeing some states making marijuana legal.
Due to the different regulations it isn’t always clear what is federal law, state legislation and even local legislation.
It is important to first understand what CBD is and how it works. CBD stands for cannabidiol and it is naturally found in cannabis and the cannabis plant family. CBD is actually extracted from a family member of the cannabis plant called hemp because they ARE legal in the United States where other cannabis plants are not legal in most states.
Another big difference is the hemp plant contains less than 0.3 percent THC by weight and why it is used as a CBD source. You would think CBD would be widely accepted because of its numerous benefits, but there is a negative stigma associated with it because of cannabis.
In the Agriculture Improvement Act of 2018 hemp-derived CBD was legalized in December 2018. This was also known as the 2018 Farm Bill. Hemp became a commodity in the United States when this bill decriminalized hemp. The Farm Bill also legalized any hemp-derived product that contained less than 0.3% THC.
Part of this 2018 Farm Bill lists out that all hemp that is grown in the United States must follow all USDA regulations to be considered a legal crop. Once the hemp is harvested is when the FDA takes over the regulation of hemp and this is to include CBD products that are processed from the hemp.
Don’t mistake the federal laws for state laws as unfortunately they are not the same and just because something is legally at a federal level doesn’t mean it is legal at a state level.
The regulations on CBD oil vary by state as some states adopted the regulations from the 2018 Farm Bill while other states created stricter or looser regulations regarding CBD.
A couple states such as Idaho and Louisiana require zero traces of THC and don’t allow up to 0.3% like the federal law allows. Other states don’t allow CBD in food or drinks. In states where marijuana is recreationally legal or for medicinal purposes CBD is legal. These state laws are likely to change as the CBD industry evolves.
As I mentioned earlier the FDA is in charge once the hemp in cultivated and processed so that mean any and all CBD products you see on the market are regulated by the FDA. All forms of CBD products must follow FDA regulations which includes making unproven or false medical claims.
The FDA is continually monitoring and observing clinical studies to maintain safety of CBD products. These research studies also help the FDA regulate changes surround CBD oil.
It is important to check your state’s current CBD regulations to determine which CBD oils are legal in your state. The legal landscape surround CBD will continually change often so make sure you are purchasing trustworthy products and following your states regulations.
At JaylabPro Botanicals we test our products to ensure they meet federal and state requirements including all FDA regulations. Our products exceed quality standards because we use high-quality ingredients and precision in our manufacturing methods. We first test all our CBD products internally and they are also tested by a 3rd-party to ensure they meet purity and potency standards.
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