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The Confusion Surrounding CBD Laws

With the rising popularity of CBD products on the market, you may be wondering, “Is CBD Legal?” Is CBD Legal is an important question to ask since cannabis laws are different everywhere. It’s important to ask Is CBD Legal especially if you are living in a state where there is no legal use of cannabis whatsoever, whether recreational or medicinal. So, Is CBD Legal? Not exactly, but laws are currently being tweaked. CBD products that contain no THC are supposed to be legal, but there has been recent controversy with the DEA regarding the issue. This controversy began in 2016 and has just recently gone to court. So when you ask, “Is CBD Legal?” it’s a complicated question. Most CBD oil products claim that CBD is legal in all 50 states, but you still may be asking yourself “Is CBD Legal?” Better to be safe about knowing cannabis laws than risk anything. But, depending who you ask, you’ll get different answers.

CBD Laws And The DEA

CBD oil is becoming increasingly popular among athletes, medical patients, and people in general looking for a natural way to relax and reduce anxiety. But Is CBD Legal is still an important question given the FDA’s federal register from 2016 that discusses a new drug ruling to include cannabis extracts (drug code 7350). This new ruling by the FDA makes the question Is CBD Legal murkier. In this federal register, the FDA explains that they assume CBD extracts also contain at least trace amounts of other cannabinoids (like psychoactive THC) and are therefore not legal. The FDA states that if an extract can contain only CBD (and no other cannabinoids), it will fall under the new drug code 7350. This code applies to any cannabis product that contains only ONE cannabinoid. Most of the time this means CBD. The question Is CBD Legal becomes problematic under this ruling since It technically means CBD products are Schedule 1 substances.

So, Is CBD Legal?

For now, CBD may not be totally legal. However, despite the DEA’s confusing drug code laws, it seems that with the opiate crisis in the US, they are not too concerned with CBD users. Also, the DEA’s ban on CBD has recently been challenged in federal court. Since CBD is found both in marijuana (which is banned) and industrial hemp (which is legal), the question of CBD’s legal status is made more flexible. Under federal law, the definition of “hemp” is Cannabis Sativa with THC percentages of 0.3 or less. Anything more than this is considered “marijuana,” which is illegal (unless you live in a state where marijuana laws have passed). This recent federal court case draws attention to how declaring CBD illegal in one area of consumption (CBD for health purposes) while allowing it in another (cultivating hemp under the farm bill) is contradictory. Ultimately, the question “Is CBD Legal?” is technically still open for debate.

Hungry for more info on CBD? Check out one of our articles below, or click here to read our HUGE cbd mega article. Grab some coffee, it might take a minute.

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