Helping to share the web since 1996


Is CBD legal or not in the USA?The status of CBD in 2020

This revolutionary step to regulate cannabis enables more people to benefit from the medicinal value of the plant. With only nine states legalizing recreational marijuana, 2020 promises a huge opportunity of growth for the cannabis industry across the country. The safety and efficiency of cannabis-based treatments are under continuous research, and the response from these studies has boosted the interest in this area. While certainly, medical marijuana has reached wide popularity across the globe, CBD is the next trend catching up fast.

CBD eliminates one of the greatest fears of marijuana usage, which is the psychoactive effect. CBD is an endocannabinoid that gathers the tremendous benefits of the cannabis plant safely and efficiently. It is among the reasons behind the increasing interest in the compound. The initial research about CBD helped scientists understand the impeccable value it has to the medical community. Every type of CBD item imaginable for providing a range of products on offer. You can explore CBDfx trusted brands with a wide variety of Products.

CBD or cannabidiol is an ingredient with powerful anti-inflammatory and analgesic properties. It can help users suffering from conditions such as chronic pain, seizures and inflammation. Another critical CBD application is in the area of mental health. CBD has shown positive results when used in treatment for mental ailments such as depression, anxiety, and PTSD. The substance interacts with the CB receptors in the body and regulates several functions, including mood, pain and inflammation that makes it a potent ingredient to utilize in the area of medicine.

There have been several positive results from studies conducted across the world to support the efficacy of this compound. Despite the medical community welcoming the ingredient with open arms, the legalities that embody the compound are still tricky and that causes reservations among users. One of the major drawbacks of the legalization wave in the US is that none of these laws include CBD. The federal government has turned over the responsibility of CBD laws to the states. But state laws are constantly evolving over the legal status of this ingredient, which makes it slightly confusing for the user. So, is CBD legal in the USA? Well, let us dig deeper to know the nuances of the laws around this magical ingredient.

What do the federal laws state?

On the federal level, the legal position of two major forms of cannabis are widely discussed. These are marijuana and hemp. Chemically marijuana contains higher concentrations of THC, which indicate that the plant will have psychoactive effects on the user. The typical level of THC ranges from 30% and above, whereas the CBD concentrations, in this case, is less than 0.2%. Next, we have hemp, which is a form of cannabis that contains higher levels of CBD and only traces of THC making it the most appropriate compound for medical applications.

The Farm Bill of 2018 was a significant turning point in the journey of hemp-derived CBD. The bill legalized CBD derived from hemp that contains less than 0.3% THC. CBD derived from marijuana remains illegal and is considered a Schedule 1 drug by the Drug Enforcement Administration (DEA). Cannabidiol produced from hemp, which is grown with proper federal regulations, will be accepted as legal in this case. You can explore something for everyone at industrialhempfarms.com to buy high-quality hemp-derived CBD. 

Although the Farm bill clarifies the legal status of hemp-derived products, the federal government has transferred the rights to establish regulations around hemp cultivation and CBD products to the states. The state laws around these aspects are also rapidly changing to ensure the highest quality possible. Unless the state policy specifically approves a product, CBD products are illegal to sell, buy, and consume by default.

The U.S Food and Drug Administration

Even though the Farm bill loosened the laws around hemp to enable CBD into the market, the Food Drug and Cosmetics Act hasn’t approved the compound to enter the market yet. The US FDA considers CBD and all other cannabinoids as unnatural additives to food and dietary supplements and are deemed unsafe or unhealthy for users. Also, the FDA does not recognize or differentiate between the source of the CBD product and considers the addition of CBD to any food material illegal. 

Although the FDA approved Epidiolex, a medication to treat epilepsy that contains CBD, the authorities have remained quiet about the legal position of CBD on the federal level in various other areas such as cosmetics. So far, the organization has shared that they might investigate low concentrations of CBD as additives to dietary supplements and food, but only after careful consideration. Higher concentration products will remain strictly pharmaceutical grade. 

What do the states feel?

With the federal Farm bill handing over CBD regulation tostates, over 20 of them are considering understanding the THC threshold to legalize CBD products. Most of the states allow hemp cultivation and define the legal limits as less than 0.3% of THC concentration. Yet, nine states do not permit hemp cultivation. Even though 33 states allow some form of medical marijuana to be legal, the exact nature of laws around the legal status of CBD in these areas cannot be generalized.

Several states stepped forward to clarify the current status of CBD in their regions to enable users to utilize the compound. CBD based Epidiolex is legal in all states. Here is the list of states that have legalized CBD under the Farm bill regulations. Most of these states only allow CBD in the form of oil with minimal THC concentration. This step aims to keep the usage of CBD for medical purposes only. Refer to the local state laws to understand the position of CBD products and the limitations around sale, possession, and usage.

  1. Alabama
  2. Indiana
  3. Georgia
  4. Kansas
  5. Kentucky
  6. Iowa
  7. North Carolina
  8. South Carolina
  9. Oklahoma
  10. Tennessee
  11. Texas
  12. Mississippi
  13. Virginia
  14. Utah
  15. Wyoming
  16. Wisconsin

What about CBD products in the market?

The changing sphere of CBD laws never stopped companies from creating a wide variety of CBD products that have already made their way to the market. CBD pills, edibles, cosmetics, and oil are very much available for purchase in various parts of the country. But it is important to remember that the FDA recognizes CBD as a drug ingredient, and hence unless these products have received certification from the aythorities, they remain illegal. You can review the label to understand the source, potency, and lab results of any product you purchase to understand if they comply with state laws to know its legal status.

The FDA is closely monitoring the products that enter the market to ensure there are no mislabelling or false claims regarding the benefits of CBD. To acknowledge the consumer protection laws, the department sent a notice to several companies that claimed the health benefits of cannabidiol in their labels and advertisements. Given the legality of CBD strongly depends on the source of the product, there are strict regulations and monitoring of the supply chain to ensure high-quality products enter the mainstream markets.

back to news headlines