The federal Farm Bill signed in 2014 made the type of CBD oil created by using industrial hemp legal. There are problems with this legislation. It only established a very narrow set of activities that can involve hemp cultivation. This includes hemp grown from a state pilot program or as part of academic research. It can also be done if the activity complies with state law. The main problem with CBD oil is that state laws covering hemp can be very different from one state to another. There is no federal legislation covering all aspects of hemp cultivation.
Drug Enforcement Agency (DEA)
The DEA continues to maintain CBD oil is illegal. Representatives of the DEA state publically that anyone who violates federal drug laws could face arrest and prosecution. They also claim the DEA is not actively engaged in pursuing people who have benefited from CBD oil. It is obvious hemp businesses have a different view of CBD oil than the DEA. It is not legal in all states, but it is available in most states.
CBD Oil Source Determines Legality
There is a difference between CBD oil derived from marijuana and CBD oil derived hemp. This does impact its legality in different states. Both hemp and marijuana come from the cannabis family. The main difference between them is the level of psychoactive Tetrahydrocannabinol (THC) that can be produced by each plant. Hemp has less than 0.3 percent THC and marijuana can have up to 30 percent THC. Marijuana can cause its users to obtain a high because of its concentration of THC. Hemp has such little THC, it would be impossible for a user to obtain a high. The inability of hemp to provide a psychoactive effect means the law has no problem with it. CBD oil from hemp is available in many different stores and industries all over America. Marijuana is different. This is why the source of CBD oil often determines its legality.
Hemp CBD Oil
When people want to know if CBD oil is legal, and they’re referring to CBD oil derived from hemp, the answer is yes. The legal status is based on being derived from hemp because this member of the cannabis family provides its users with no psychoactive effects. The purchase and use of hemp-derived CBD oil is legal for purchase and sale in all 50 states. There are problems with people in law enforcement confusing it with being derived from a marijuana plant. The reality of hemp CBD oil is that it’s legal and has all the rights and benefits associated with a legal product.
Marijuana CBD Oil
Any product derived from marijuana is not legal in every state. Since marijuana CBD oil is made from marijuana rich with THC, it will always be considered a byproduct of marijuana. This is what determines legality. It is not legal in the majority of states, but most states do have laws specifically designed to address CBD oil. This has resulted in a situation that many consumers find very confusing.
CBD Oil Use
As of 2018, marijuana and hemp are legal for medicinal as well as recreational use in eight states. There are also 46 states where CBD oil is legal but only if purchased with a prescription. Out of these 46 states, 17 of them have legislation covering the amount of THC permitted to be in CBD oil as well as what medical conditions can be treated with it. There are also 4 states where CBD oil derived from marijuana at any THC level illegal. Prior to purchasing or using CBD oil in any state, it is important a person know the laws covering it.
CBD oil has proven its ability to naturally treat many different chronic conditions. This has resulted in the demand for it to increase dramatically. Since the medical value of it has been demonstrated to be valid, the acceptance of it has also increased. It is still very confusing. Experts believe in time, it will eventually be able to be used in all 50 states.