Disclaimer: *The information below and any other communication regarding legality which you may receive from any representative of Green Roads or the Green Roads’ website is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase CBD in your jurisdiction. You should contact your attorney to obtain more specific guidance.*
Is CBD Oil Legal?
Industrial hemp-derived CBD oil is legal at the federal level. We mention ‘hemp-derived’ because you can also get CBD from marijuana. CBD has the same effects no matter where it comes from. Industrial hemp is described by the 2018 Farm Bill as having less than 0.3% THC, which is the compound that produces the high associated with marijuana. CBD is non-intoxicating, and will not generate a high. This is part of the reason the legality surrounding this compound is more relaxed.
Please note: *Each state has the right to create its own laws and regulations, so you should do your own research before purchasing CBD oil in any given state.*
Where is CBD Legal?
There are ten US states where cannabis is legal for medical and recreational use. These are Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington, and D.C. If you live in one of these ten states, you can often use CBD regardless of whether it came from hemp or marijuana. Again, we always recommend you do your own research. Believe it or not, some states permit cannabis but still not hemp. There’s a lot of misinformation out there at all levels.
As of April 2019, there are only three states with restrictions on all cannabis and cannabis-derived products. These are Idaho, Nebraska, and South Dakota. Even though hemp is likely to become more accessible in these places soon, if you are in one of these states, it is crucial that you know how hemp-derived CBD extracts are treated.
The 2018 Farm Bill
In 2018, the US Senate introduced The Hemp Farming Act in its version of the 2018 Farm Bill. Among other goals, the act sought to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.
The 2018 Farm Bill was signed into law in December 2018, effectively legalizing hemp at the federal level by removing it from the federal list of controlled substances and classifying it as an agricultural commodity. As a result, CBD from hemp is legal nationwide at the federal level. The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States.
Why Was CBD Ever Made Illegal?
Hemp was made illegal because it contained trace amounts of THC, and there was widespread concern that it would be used in the same way as marijuana. Beyond that, it seemed possible that supposed hemp farms could be used to disguise marijuana crops. When marijuana was made illegal, all associated compounds, derivatives, and related plants were made illegal too. As legislative progress and scientific research were made, the potential power of CBD became more understood. Furthermore, advocates for hemp demonstrated that it was useful for many things, but not necessarily getting high, especially not when grown at the legal limit of 0.3% THC.
*The legal landscape around CBD is unclear and changing rapidly both at the Federal and State level. The information on our website and any other communication regarding legality which you may receive from any representative of Green Roads is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase CBD in your jurisdiction. You should contact your attorney to obtain more specific guidance.*