Hemp isn’t held to the same legal confines as marijuana. It’s been legal for a long time in the United States, but only through rigorous license applications and approval from US regulators.
Moving forward, we expect the laws to continue to change across federal and state legislature as more people demand access to this safe and effective supplement.
Let’s get started with an overview of what CBD actually is.
The Major Differences Between Marijuana & Hemp
Don’t be mislead, marijuana is not a deadly drug — but the laws haven’t changed on a federal level in 80 years.
Now hemp can be grown just as easily as crops such as corn or wheat throughout the United States. Most states honor this change and allow farmers in the state to cultivate hemp plants — some have been resisting.
As a byproduct of this evolution, supplement companies now have access to hemp as a source of nutritional products — which now falls under the jurisdiction of the Food and Drug Administration (FDA) to regulate as a nutritional supplement.
While the laws on CBD’s legalities are loosening federally, in a select few states you can still be arrested and thrown in jail for having a bottle of CBD oil on you.
23. What should I do if my child eats something containing cannabis?
3. Has FDA approved any medical products containing cannabis or cannabis-derived compounds such as CBD?
A. We understand that parents are trying to find treatments for their children’s medical conditions. However, the use of untested drugs can have unpredictable and unintended consequences. Caregivers and patients can be confident that FDA-approved drugs have been carefully evaluated for safety, efficacy, and quality, and are monitored by the FDA once they are on the market. The FDA continues to support sound, scientifically-based research into the medicinal uses of drug products containing cannabis or cannabis-derived compounds, and will continue to work with companies interested in bringing safe, effective, and quality products to market. With the exception of Epidiolex, Marinol, and Syndros, no product containing cannabis or cannabis-derived compounds (either plant-based or synthetic) has been approved as safe and effective for use in any patient population, whether pediatric or adult.
Research and Expanded Access
The study of cannabis and cannabis-derived compounds in clinical trial settings is needed to assess the safety and effectiveness of these substances for the treatment of any disease or condition. FDA’s December 2016 Guidance for Industry: Botanical Drug Development provides specific recommendations on submitting INDs for botanical drug products, such as those derived from cannabis, in support of future marketing applications for these products. The agency’s July 2020 draft guidance, Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research Guidance for Industry, highlights quality considerations for anyone wishing to conduct clinical research in this area, particularly those who are less familiar with the FDA.
A. To conduct clinical research that can lead to an approved new drug, including research using materials from plants such as cannabis, researchers need to work with the FDA and submit an IND application to the Center for Drug Evaluation and Research (CDER). The IND application process gives researchers a path to follow that includes regular interactions with the FDA to support efficient drug development while protecting the patients who are enrolled in the trials. For research for use as an animal drug product, researchers would establish an investigational new animal drug (INAD) file with the Center for Veterinary Medicine to conduct their research, rather than an IND with CDER.
20. Does the FDA have concerns about administering a cannabis product to children?
Numerous other legal requirements apply to dietary supplement products, including requirements relating to Current Good Manufacturing Practices (CGMPs) and labeling. Information about these requirements, and about FDA requirements across all product areas, can be found on FDA’s website.
There are thousands of suppliers on the market; not every marketer properly vets its CBD products. And that’s a problem since it means their CBD could be sourced from the wrong plants or have a higher THC content than is legally regulated. This is risky, and it’s something you need to be aware of when purchasing CBD.
So, to help you make an informed decision here is a detailed breakdown of the exact legal status of buying and selling CBD oil in America.
Finally, remember: CBD oil is a powerful, organic substance that may produce significant effects in your body. This is why states are very careful about their CBD regulations. Still, in most cases, states do allow the sale and use of hemp-sourced CBD.
Is CBD Oil Legal Federally?
Today, at the federal level, CBD is a viable commodity that can legally be grown and sold in the US. However, due to the 0.3% THC threshold, the DEA still keeps CBD derived from the cannabis plant with greater than 0.3% THC on the Schedule 1 Controlled Substance list.
To answer the main question, yes, CBD oil that follows the 2018 Farm Bill’s established regulations can be bought, sold, and used within all 50 states. From the federal government’s perspective, this is a viable option that can be used by its citizens.
This is one of the most important factors associated with legal CBD oil.
Recent research suggests that the FDA may value CBD’s potential medical benefits. The organization continues to explore CBD as an organic therapy for several serious conditions, and we’ve already seen exciting breakthroughs. In fact, in 2018, the FDA approved CBD-based drug Epidiolex, designed to assist in controlling seizures in children with certain rare forms of epilepsy.