Posted on

cbd hemp oil illegal

Cannabis is filled with chemicals. Arguably the most well known of these chemicals is tetrahydrocannabinol (THC). Whereas THC is largely responsible for cannabis’ “high," CBD does not result in a high. Supplement manufacturers are making CBD into many forms, including oils, tinctures, pills, and lotions. Some supposed benefits of using CBD include:

Both industrial hemp and marijuana are members of the cannabis family, but they are treated differently under federal law. Industrial hemp, as defined by the federal government, is cannabis that contains less than 0.3% THC by weight. Marijuana is defined as any cannabis that contains more than 0.3% THC by weight.

It depends. In terms of federal law, the legality of CBD oil depends largely on where the CBD came from and where it is being used, so it is important to understand some cannabis fundamentals.

Hemp vs. Marijuana

Every U.S. state allows for the use of cannabis in some form, but each state’s laws are different. For example, Washington state law allows residents to legally consume CBD oil for recreational purposes, whereas South Dakota state law categorizes CBD as a Schedule IV controlled substance and allows citizens to use CBD only in forms that are approved by the Food and Drug Administration, e.g., Epidiolex.

America’s relationship with cannabis is complicated. According to federal law, cannabis — including CBD — is still predominantly illegal, although there are exceptions. Even with the continuing federal prohibition of cannabis, most U.S. states have enacted their own cannabis-related laws. As such, CBD oils reside in a legal grey area.

If CBD oil comes from hemp, it is federally legal. If CBD oil comes from marijuana, it is federally illegal. State laws, however, vary widely.

Although cultures around the world have used cannabis for centuries, Americans are just now beginning to understand what cannabis and the chemical compounds in it do to the human body. Cannabidiol (CBD) oil, in particular, has become wildly popular for its alleged health benefits, but is CBD oil legal?

The U.S. Department of Agriculture (USDA) now regulates hemp in lieu of the DEA. Since hemp is federally legal now, you might assume that CBD, which comes from hemp, follows suit. But you should note that not all hemp extracts are offered this legal status.

As we noted earlier, CBD is a naturally occurring chemical amalgam extracted from cannabis plants. The cannabis plant produces over a hundred different cannabinoids, and CBD just happens to be one of them. Unlike its cousin THC, CBD isn’t psychoactive, meaning that CBD won’t induce a psychoactive high. Reportedly, CBD use results in relaxation, coupled with other benefits.

1937: The Marihuana Tax Act of 1937 was passed, banning the cultivation of marijuana and hemp in the United States, despite their varying effects and uses.

Where Is CBD Illegal?

Every state has its own set of policies and laws surrounding CBD possession, sales, manufacturing, distribution, and cultivation. To make things even more complex, many state legislatures are exploring proposed amendments to develop more CBD procedures and regulations.

These states have specific laws that allow retailers to sell hemp-derived industrial products.

Such jurisdictions include Oklahoma, Illinois, Indiana, Kentucky, Colorado, Alaska, South Carolina, Rhode Island, North Carolina, Oregon, New York, Missouri, Maryland, Wisconsin, Vermont, Utah, Tennessee, and Texas.

These jurisdictions include Connecticut, Florida, Minnesota, Mississippi, Nebraska, Delaware, Arkansas, Idaho, Georgia, Iowa, Massachusetts, Maine, Louisiana, New Jersey, New Hampshire, Washington, Virginia, and Pennsylvania.

An excerpt from Army Regulation 600-85, dated July 23, 2020, reads as follows: “The use of products made or derived from hemp (as defined in 7 USC. 1639o) … regardless of the product’s THC concentration, claimed or actual, and regardless of whether such product may lawfully be bought, sold and used under the law applicable to civilians, is prohibited.”

“Military members should not confuse the prevalence of such products with their legality,” Oates said. “Soldiers are prohibited from using hemp products of any sort, whether or not they have been legalized in certain jurisdictions.”

“CBD is everywhere,” a recently released Army News article pointed out. “You would be hard-pressed to enter any pharmacy, mega-mart or health food store and not find it on the shelves. CBD can even be purchased online from the comfort of your couch.”

“Summing up this discussion, I think it’s all about informing our military community about these products and asking them to be mindful of their potential impact on someone’s career,” Oates said.

The market also has been largely unregulated, so nobody can say whether ingredient labels are true to actual cannabis levels. In a recent study of 84 CBD products, 69 percent had higher levels of cannabiol than specified.

According to CBD-product manufacturers, the key hemp-plant-based ingredient is “non-psychoactive,” which means the consumer won’t experience the “high” of typical THC found in cannabis. The disparity in that claim, from the DOD’s perspective, is found in the federal guidelines that say a product is federally legal if it contains less than 0.3 percent Tetrahydrocannabinol, meaning the THC is still present.

As for the number of aches and ailments the oil is said to decrease, there is little scientific evidence to support it, according to the popular health information website webmd.com. However, research into hemp-derived medication continues to increase following the FDA’s approval of the CBD drug Epidiolex for the treatment of two rare forms of epilepsy, Dravet Syndrome and Lennox-Gastaut Syndrome.