Is CBD Legal?

By | May 25, 2022

While cannabis and the chemical compounds that are derived from it have existed for centuries, they’re quickly becoming more sophisticated, more potent and more popular. Cannabidiol (CBD) has been a major component of the current health and well-being trends. But is CBD legal?

As with most questions about legalization of cannabis, the answer to this question is yes or no. There are many factors that affect whether CBD is legal in a particular area. Some of these factors are:

  • Hemp laws in the states and the federal government
    The origin of CBD
    The way CBD is consumed: e.g. smoking, vaping or eating
    How CBD products are marketed

Federal Cannabidiol Laws

The Agriculture Improvement Act of 2018, is the primary federal law that allows businesses to market CBD products. This Act allowed the cultivation of industrial hemp that contains less than 0.3% THC. The federal government considers hemp to be marijuana if it contains more than 0.3% THC. This is a Schedule 1 drug.

While CBD can be found in both hemp and marijuana, hemp is federally legal. The federal CBD-legality rule is as follows: CBD that comes from hemp is legal. CBD from marijuana is illegal. While CBD-derived from hemp may be legal in the federal government, many states consider cannabis products illegal.

CBD laws In Each State

While most states in the United States allow certain types of cannabis to be used, there are many states that have not yet changed their current, prohibited cannabis laws. Texas’s makes any amount of THC illegal. This includes the 0.3% in federally licensed industrial hemp. CBD is only legal if it does not exceed 0.3% of the THC limit.

Food and Drug Administration Oversight

The Food and Drug Administration is responsible for regulating and overseeing CBD-related products. However, the FDA has banned any CBD products other than Epidiolex. Despite having regulations, the FDA does not always verify or disprove claims made by CBD product sellers. This lack of regulation can lead to CBD products that contain THC or other chemicals.

Legal Resources For Consumers

The laws governing cannabis in the United States are constantly changing and consumers may find it difficult to keep up with the latest developments. It is worth investigating the CBD laws in your state if you have any questions. You may be facing legal charges for cannabis use. It is worth seeking out the guidance of an experienced lawyer.

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