Is CBD Legal?

Team CBDOils.Guide | Jul 02, 2020

As per the law imposed in 2018, CBD oil is legal in most countries around the world if it contains low levels of THC or tetrahydrocannabinol- the natural compound found in cannabis plants that give you a psychoactive effect, and you stoned feeling.

Answering the question of if CBD is legal is not that simple. It is calibrated from the CBD origination whether the CBD is extracted from hemp with low levels of THC or other forms (marijuana) of cannabis with a higher THC level.

If the CBD oil is derived from the cannabis hemp plant, then most countries certified it as legal. And if it is extracted from other sources and strains of cannabis with higher THC (above 0.3%), some countries certified it as illegal. All these regulations directly depend on how much THC concentrate is in the CBD product. High THC-based CBD is illegal because it has psychoactive properties. 

The common confusion is that whenever people hear cannabis or CBD, they immediately think that it is an illegal compound that offers addition and high effect. However, the CBD extracted from the hemp plant has a high concentration of CBD with no psychoactive effect, and THC content is 0.3% or even less. CBD is an altogether different compound to THC. 

Is Hemp CBD Legal

Since 1937, CBD or cannabidiol has been federally illegal. Along with this, cannabis- a unique compound of CBD has been illegal, although it has no psychoactive qualities. Late last year, President Donald Trump had signed the Agricultural Improvement Act of 2018 ( 2018 farm bill) into law. This Act also includes a section where hemp is removed from the Controlled Substances Act, as cannabis 2 major types are hemp and marijuana. The key difference is that the federal government reviews cannabis with less than 0.3% THC, and the non-psychoactive CBD, to be legally classified as ‘hemp.’

So now hemp is no longer a controlled substance, and CBD is extracted from hemp, all the CBD products must be given a legal certificate. But no not all, the passage of the farm bill legalizes the hemp as an agricultural crop as contrasting to a drug or controlled substance. 

The nation’s most trusted and experienced attorney, Bob Hoban, wrote that although the 2018 Agricultural Improvement Act- Controlled Substances Act legalized and allowed the expansion of the hemp industry. However, hemp has in no way made the path to legalize the compliance of any clearance for those in the hemp industry, and besides, it is yet not clear for the CBD industry as well.

As of 2018 Agricultural Improvement Act, presently, there are 8 states where cannabis is legal for both recreational and medicinal uses. That means cannabis-derived CBD is also legal. The state-licensed CBD products are sold for adult use only, and the medical cannabis stores operate under various rules.

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Nevada
  • Oregon
  • Washington

If CBD is extracted from the industrial hemp then outside the US, hemp-derived or low THC CBD oil is legal in the following countries namely-

Argentina, Antilles, Austria, Belgium, Belize, Bulgaria, Canada, ChileHungary, China, Colombia, Costa Rica, Croatia, Cyprus, Czech, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Guam, Guatemala, Hong Kong, Iceland, India, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Paraguay, Peru, Poland, Portugal, Puerto Rico, Romania, Russia, Republic of Slovenia, Slovakia, South Africa, Sweden, Switzerland, the UK, Virgin Islands, and Uruguay.

All thanks to the Farm Bill, now the Federal law is clear. The Federal authorities are no longer in the consent of arresting people for extracting CBD, growing hemp, or possessing either. The Drug Enforcement Administration (DEA) is out of the CBD legislation. To be more specific, in the Controlled Substances Act, the Farm Bill separates the hemp and the derivatives of hemp from the term ‘marijuana.’ The latest law also explicitly details the US Food and Drug Administration (FDA) with regulating hemp-derived food and drug products. 

However, the Federal legalization does not automatically negotiate state legality. Every state controls hemp and CBD differently. In some states, CBD is entirely illegal. In some states, it is legal without any restrictions. In other states, CBD is certified legal but can’t be sold in ordinary drug stores—only allowed to be sold in licensed cannabis stores.

The good news is that FDA officials are actively working to develop federal regulations over CBD. In early 2020, it held a highly publicized hearing where its staff members have started creating the regulations. CBD has already been approved as a pharmaceutical drug in the form of Epidiolex, a drug manufactured by GW Pharma to restrain seizures. The Epidiolex drug had gone through the grueling drug approval process of FDA, which was under process for years.


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Team CBDOils.Guide

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