Is CBD Legal in Your State? Here’s What You Need To Know.

Legality of CBD Products

Hemp and marijuana have separate definitions in U.S. law and are subject to different statutory and regulatory rules, which can cause confusion about the legality of CBD. Marijuana is a Schedule I controlled substance under the Controlled Substances Act and is regulated by the Drug Enforcement Administration (DEA). As a result of recent legislative changes enacted in the 2018 Farm Bill, hemp-derived CBD is not subject to regulation and oversight as a controlled substance at the federal level.

The 2018 Farm Bill included a number of provisions intended to facilitate the commercial cultivation, processing, marketing, and sale of hemp in the United States, expanding on policies enacted in the previous farm bill. It expanded the statutory definition of what constitutes hemp to include the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration of not more than 0.3%. The 2018 Farm Bill also amended U.S. laws to remove long-standing federal restrictions on cultivation of hemp. Hemp production is now subject to regulation and oversight as an agricultural commodity by the U.S. Department of Agriculture (USDA).

Hemp farm growing CBD

What’s The Difference Between
Marijuana and Hemp?

What’s The Difference Between Marijuana and Hemp?

Marijuana is rich in THC, or tetrahydrocannabinol, the psychoactive component; it can account for as much as 40 percent of the total cannabinoid content. Hemp, on the other hand, is richer in CBD, and generally contains only 0.3 percent THC or less. CBD oils, which are processed from the hemp plant, are legal to possess under the new federal law as long as they, too, contain no more than 0.3 percent THC.

This all means that it is now fully federally legal to grow, produce, and process hemp in all 50 states.

Chart Describing Difference Between Hemp and Marijuana

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