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Is CBD oil legal?

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  1. What is CBD?
  2. In what states is CBD oil legal?
  3. Why is CBD legal in some states?
  4. Is CBD legal in the United States?
  5. Can CBD be taken out of state?

Yes, and no, depending on what state you live in. Even in states where cannabidiol (CBD) is legal, the newly popular compound is still regulated. CBD is legal depending on a multitude of factors: state law, how each state interprets federal law, how much THC is in the product, whether legislation regarding CBD has been passed, and to what type of product it’s been added.

What is CBD?

A non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, the latter of which are legal in the U.S. as they contain minuscule amounts of THC.

CBD oil dropper

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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CBD oil dropper

In the body, cannabinoids, the receptors they bind to, and the enzymes that break them down are known as the endocannabinoid system (ECS).

CBD can bind to receptors that are located throughout the body, allowing it to activate several different receptor pathways and possibly provide therapeutic benefits. CBD may also be able to minimize the undesirable effects of THC, including paranoia and heart palpitations, while enhancing the latter’s therapeutic effects.

In what states is CBD oil legal?

Determining where CBD oil is legal can require careful attention to shifting state laws, federal regulations, and the fine print within both. Some states allow farmers to grow industrial hemp to spur hemp production as a new resource for non-medical uses. While others, such as California and Illinois, legalized marijuana to help expand cannabis research, corral the illicit market, and provide adult-use consumers with a clean, regulated supply of marijuana and its derivatives, such as hemp-derived CBD. These often-conflicting laws are creating confusion for regulators, authorities, and consumers.

Because CBD is a relatively new commodity to the general public, and federal cannabis prohibition is still in place, CBD laws vary significantly from state to state.

CBD oil

Since federal cannabis prohibition is still in place, CBD laws vary significantly from state to state. Photo by: Gina Coleman/Weedmaps

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CBD oil

Kroger grocery stores joined retailers CVS and Walgreens in selling CBD topical products in some states. Because laws and, therefore, retail policies can change, check with the retailers to see if CBD products are available in your state.

NORML noted many state laws that authorize the use of cannabis for medical conditions also permit patients with a physician’s recommendation to possess products containing plant-derived CBD. NORML also said numerous other states have enacted legislation explicitly exempting qualified patients from criminal prosecution for the possession of specific products or extracts containing CBD.

Why is CBD legal in some states?

Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication, but all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis under the Schedule 1 umbrella, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and removed some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight, while marijuana is classified as cannabis that contains more than 0.3% THC. Because marijuana is categorized as a Schedule 1 substance, CBD that is derived from the marijuana plant is still considered federally illegal. While hemp is now considered an agricultural commodity, it still must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.

The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. Given the flood of CBD products on the market already, the FDA has begun re-evaluating that stance and gathering public input. But the agency’s slow movement has created further confusion on the state level.

The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and it makes no exception for CBD.

The production and sale of hemp, including its cannabinoids, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.

Is CBD legal in the United States?

The 2018 Farm Bill removed hemp from Schedule 1 of the Controlled Substances Act, which for decades had classified all cannabis–including hemp–as a substance with no medicinal value and a high potential for abuse. While numerous states have legalized marijuana for medical and adult use, the federal government considers marijuana, and CBD products derived from marijuana in nearly any form, to be illegal.

This is why the distinction between CBD derived from marijuana and CBD derived from hemp is important. Hemp is a variety of the cannabis plant with low concentrations of THC. For cannabis to be considered hemp in the U.S., it must have no more than 0.3% THC.

CBD and weed

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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CBD and weed

While CBD oil and hemp seed oil are either low in THC or THC-free, there’s a big difference in the amount of CBD these products contain. Hemp seed oil has only traces of CBD, while hemp flower oil has a much higher concentration.

Is hemp oil legal?

Hemp oil is federally legal if it was extracted from a hemp plant with a trace amount of THC no higher than 0.3%. The 2018 Farm Bill, which legalized production of hemp as an agricultural commodity, also legalized the production of hemp-derived CBD.

Can CBD be taken out of state?

There are federal protections for the cross-state transportation of hemp CBD products. These protections do not apply to CBD products derived from marijuana.

In an executive memorandum issued on May 28, 2019, the USDA clarified that 2018 Farm Bill provisions ensure cross-state transportation under a provision ensuring the “free flow of hemp in interstate commerce.”

The Farm Bill prevents states and Native American tribal jurisdictions from prohibiting interstate hemp transportation or shipment as long as it is lawfully produced under a state or tribal plan, or licensed under the USDA plan. This guidance came on the heels of reports from states such as Idaho, where authorities say they will continue to treat CBD as an illegal substance until new federal rules are updated and in effect.

Is CBD oil legal? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? In what states is CBD oil legal? Why is CBD legal in some states? Is

Is CBD Oil Legal in 2021? [+ Delta-8-THC]


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Is CBD Oil Legal in 2021? [+ Delta-8-THC]

  • by Tyler Sewell
  • 04 January, 2021
  • 9 min read
  • CBD News
  • Hemp History
  • Politics

CBD Oil is now federally legal in the United States!

Here is a state by state breakdown of CBD’s legal status.


Legal (under .3% THC)

Legal (0% THC)

H.R. 841

Newly proposed hemp bill H.R. 841 would ensure that hemp-derived CBD could be legally marketed as a dietary supplement. This bill would require CBD manufacturers to comply with the existing regulatory guidelines for dietary supplements, which guarantees that the products are safe, correctly labeled, and made under GMP (as Ananda already is).

Passage of H.R. 841 would also stabilize the hemp industry by opening up promising economic opportunity for United States agriculture – as well as honoring the commitment made to farmers in the 2018 Farm Bill.

Please go here to enter you information, which allows you to email a member of congress with a pre-populated message. If you know anyone else who’s down with the cause, have them send an email too!

Delta-8 THC: The New Legal Grey Area Cannabinoid

Delta-9 is not the only type of THC, nor the only type with psychoactive effects. Delta-8 and delta-9 contain double bonds, yet delta-8 has the bond on the eighth carbon chain, whereas delta-9 has it on the ninth – hence the names.

There are distinct differences between the two, though. Unlike CBD (which is renowned for its lack of intoxicating effects), delta-8 is just the opposite. Delta-8 is psychoactive, similar to delta-9, only much less so. “Weed Light” may be the best way to think about delta-8.

Delta-8 can produce euphoria, relaxation, stimulation, and appetite stimulation – as well as a heady psychedelic experience. While delta-8 has all these effects to varying degrees, it does so with much less intensity than delta-8. The benefit, supposedly, is a reduced risk of unpleasant side effects like paranoia and anxiety.

While all these differences may seem somewhat insignificant, they radically alter how delta-8 is handled in a regulatory sense. In the U.S., being derived from hemp and an absence of delta-9 puts delta-8 in the same legal class as CBD products (for now). It is worth noting that much of the current supply of delta-8 is produced synthetically – creating yet another legal grey area.

It is a confusing situation, as in the 2018 Farm Bill, any cannabinoid derived from hemp is exempt from the Controlled Substances Act.

However, as you can see here, Delta-8-THC is specifically listed as a Schedule I controlled substance.

Would you be surprised to know you’ve likely already ingested delta-8 if you’ve tried CBD? Delta-8 is a naturally occurring metabolite of CBD and occurs innately in hemp (although in negligible amounts). It will no doubt be interesting to see how the story of delta-8 unfolds.

Also, know that you can still fail a drug test from using delta-8, as the tests look for any THC metabolite.

USDA Final Hemp Rules

U.S. Department of Agriculture policymakers released final hemp production rules last week in the Trump Administration’s closing days.

Public remarks from farmers and industry insiders influenced these new changes to the interim hemp rules (created in 2019) and will take effect as of March 22, 2021. However, the new Biden Administration will likely reevaluate the law.

Although modifications provide some relief for farmers regarding disposal, THC negligence, and the harvest window after sampling, there remain numerous areas of concern that the USDA failed to acknowledge or act on – such as sampling requirements and the requirement for testing labs to register with the DEA.

It is undeniably a huge step forward to have enhanced clarity on cultivation, testing, and compliance.

As with all new regulations, there are pros and cons. It’s crucial to remember that this is simply the next iterative step in our collective journey with hemp.

Fresh incoming leaders at the USDA, continually evolving state laws, and increasing acceptance for cannabis at large all but guarantees support for our industry will continue to grow and develop. As can be seen clearly with the FDA, the sector’s rapid growth far outpaces the government’s regulatory abilities.

Where Are We Now?

While the legalization of hemp was incredibly exciting, it was long overdue and only the beginning of a long process. CBD manufacturers are eager to receive guidelines from the FDA on how they can legally market hemp and CBD.

Since the FDA has officially classified CBD as a drug, it cannot currently be used in dietary supplements. However, the FDA’s strict stance on going after companies making health claims is easy to understand – to quote Dr. Scott Gottlieb, former commissioner of the FDA:

“Patients may be misled to forgo otherwise effective, available therapy and opt instead for a product that has no proven value or may cause them serious harm.”

Yet, ironically, this is precisely why the current laws must change. If CBD is allowed to be marketed and regulated as a dietary supplement, all those unscrupulous vendors selling contaminated or ineffective products will immediately disappear from the industry.

Presently, there are no regulations in place, allowing a multitude of companies to deceive consumers and sell low-quality (sometimes dangerous) CBD products. Dr. Gottleib claims that he “gets asked at almost every Capitol Hill meeting [about CBD]” , and as such, we can only hope that change and clarity are coming very soon.

Current FDA commissioner Dr. Stephen Hahn has also stated historically that his agency is working to move forwards with creating CBD regulations. Hahn is quoted as saying:

“We’re not going to be able to say you can’t use these products. It’s a fool’s errand to even approach that. We have to be open to the fact that there might be some value to these products, and certainly Americans think that’s the case. But we want to get them information to make the right decisions.”

Recent Legal History of Hemp and CBD

Agricultural Act of 2014: Farm Bill Sets the Stage for Hemp Legalization

Signed by former President Barack Obama on February 7th, 2014, the 2014 Farm Bill established a clear distinction between hemp and marijuana (hemp contains less than .3% THC by dry weight). Additionally, it authorized higher education institutions or state departments of agriculture (in states where hemp was legal) to conduct pilot programs and research – Ananda Hemp was born out of these pilot programs, which helped pioneer the CBD industry in the U.S.

The purpose of this was to determine whether or not growing hemp would be beneficial for American farmers and businesses. While CBD was still far from being federally legal at this point, rights to legally grow and distribute hemp/CBD were granted to a handful of pilot companies to essentially test the market.

We were one of the first companies to receive licensing to grow hemp in Kentucky, and the first to be granted permission from the DEA to import live cannabis seeds for planting.

Agriculture Improvement Act of 2018: Hemp Becomes Federally Legal

Former President Donald Trump signed this bill on December 20th, 2018, and legalized hemp (defined the same as in the 2014 Farm Bill) on a federal level, therefore removing it from DEA regulation and making it an agricultural commodity. Also, CBD (as long as it’s from hemp – not marijuana) was removed from Schedule I status, and moved down to Schedule V (defined as having a low potential for abuse and dependence).

However, this legality only applies to hemp grown in the United States under strict supervision of the U.S. Department of Agriculture. This is an important distinction, as any CBD products on the market containing imported hemp from foreign countries are not legal.

Additionally, this bill grants the power to states and Native American tribes to enact their own laws regarding the production and sale of hemp within their borders. However, they may not restrict the shipment or transportation of hemp within their jurisdiction.

At Ananda Hemp, we are grateful to have played a central role in the passage of the 2018 Farm Bill, beginning with the founding of the U.S. Hemp Roundtable. We maintained a consistent presence in Washington D.C., educating congressman and policy-makers on the benefits of hemp.

In 2018, a congressman visited our facility in Kentucky, holding a press event that was central to the passing of this revolutionary bill.

Legal Status of CBD in Sports: WADA

The World Anti-Doping Agency announced it won’t test for CBD starting in January 2018. Synthetics will still be investigated, but this was an excellent PR move for the good name of CBD. While not all professional sports report to the World Anti-Doping Agency (WADA), the international reach of the Agency makes this decision something significant.

How did this CBD rule change impact the UFC?

The decision immediately impacted the UFC world. While the most flexible with regards to supplements in the major league sports world, the UFC has treated CBD with kiddy gloves.

The reason being is that if a certain product can help athletes recover to have more fights, then it makes sense from a business standpoint to allow it. But, what does that mean to an international agency trying to set a community standard?

WADA and the Fight Against Drugs in Sports

The World Anti-Doping Agency was founded by the International Olympic Committee as a means of coordinating and monitoring the fight against drugs in sports.

While it has done well in developing countries, its impact has been mitigated by professionals sports in Europe and North America. The National Football League has gone out of its way to keep WADA out of testing its players. Their point of contention had to deal with WADA wanting to test for HGH.

Fixing the Prohibited Drugs Lists Made Things Fair

Then, there’s the matter of TUE (therapeutic use exemptions). American Olympians from Simone Biles to Michael Phelps had previously been granted a TUE by WADA. While the matter of which nation’s athletes were granted TUEs had been a sore spot for many countries, prohibited item changes have been adopted by WADA to solve any claims of bias.

The Path Forward for CBD and Athletes

Specific sports and events that participate under the IOC and WADA’s guidance now have some leeway under the annually published guidelines. Given the acceptance of CBD by the World Anti-Doping Agency, it was assumed that the amount of TUEs granted will decrease. But, all sports fans will have to wait and see.

Botanical Safety Consortium

Announced in February 2019 by former FDA commissioner Dr. Scott Gottlieb, the purpose of the Botanical Safety Consortium is to gather leading minds from the industry, academia, consumer-interest groups, non-profits, and the government to further scientific advances in determining how to better evaluate the safety and efficacy of botanical ingredients in dietary supplements.

This new collaborative group was likely created in part after the FDA tested a variety of CBD products – and found a complete absence of cannabinoids. Worse yet, they found heavy metal and pesticide contaminations in some. This concern is why we always publish our Certificates of Analysis directly on our website. At Ananda Hemp, our loyalty is to customer safety, quality, and transparency.

SAFE Banking Act of 2019

Passing through the House of Representatives on September 25th, 2019, the Secure and Fair Enforcement Banking Act proposes to “. generally prohibit a federal banking regulator from penalizing a depository institution for providing banking services to a legitimate marijuana-related business.”

Mainly, it would ensure that banks would not be held liable for facilitating financial transactions for CBD/hemp businesses. It would also mandate the Federal Reserve and FDIC to give clear guidelines to financial institutions about the legality of hemp commerce (both of which have been significant obstacles for hemp companies since the passing of the 2014 Farm Bill).

Unfortunately, this bill faces an uphill battle going through the senate, as many have voiced legitimate concerns, such as Mike Crapo, chairman of the Senate committee on banking:

“Significant concerns remain that the SAFE Banking Act does not address the high-level potency of marijuana, marketing tactics to children, lack of research on marijuana’s effects, and the need to prevent bad actors and cartels from using the banks to disguise ill-gotten cash to launder money into the financial system.”

Interim Final Rule

On October 31st, 2019, the USDA published the Interim Final Rule designed to establish the Domestic Hemp Production Program. The IFR formed the foundation of what will be testing and licensing protocols, eligibility rules for federal programs, seed certification programs, importing/exporting hemp, and production compliance – as well as the procedures for the USDA to approve each of these plans.

Is CBD Oil legal in 2021? Yes! However, there are a few caveats. Read here for the definitive guide to CBD and Delta-8-THC legality in 2021.