Are you considering buying a CBD product but unsure about whether CBD is legal? Many people are in a similar situation as they are confused about the legal status of the cannabinoid. The confusion is not surprising given America’s long history of utilizing and criminalizing cannabis, the plant from which CBD is extracted. There is no straightforward answer to the question of whether CBD is legal, as it depends on the perspective you are looking at it from. It is both legal and illegal at the same time.

What does Federal law say?

There are two varieties of the cannabis Sativa plant (hemp and marijuana), and the law recognizes both of them. Hemp is known for its trace amounts of the psychoactive chemical compound, tetrahydrocannabinol (THC), which is usually below 0.3% and its high levels of CBD. Marijuana, on the other hand, is grown for its high THC content, which is sometimes upward from 30%, while the CBD content is less than 0.2%.

The Agriculture Improvement Act of 2018 legalizes CBD that is extracted from hemp, provided it has 0.3% THC content or less. On the contrary, CBD that’s derived from the marijuana plant is considered illegal and not accepted for medical use. In other words, the source of CBD plays a critical role in determining whether it is legal or not.

Moving on, the Act also emphasized the importance of how the hemp is grown as the law clearly states that CBD from hemp is only legal “if and only if that hemp is produced in a manner consistent with the Farm Bill, associated with federal regulations, association state regulations and by a licensed grower.” So the source of your CBD isn’t the only important factor here; the grower is also important as such persons must be licensed to grow hemp.

What does state law say?

The Federal law grants states the liberty to more stringently regulate hemp, and many states are updating their laws. When it comes to determining the legal status of CBD in your state, it’s best to become familiar with local cannabis laws.

Wrap-up 

If you are in a state where CBD is legal, it’s important to know what to look out for before you buy CBD products so you can be on the safe side. So be sure to check for: the origin of the hemp, the certificate of analysis, testing methods, and potency.