There’s so much cannabis legislation nowadays that it’s easy to get confused by it all, especially when considering non-psychoactive elements of the plant, such as cannabidiol (CBD).
CBD’s legal status was recently brought into question after it was ruled a federally prohibited Schedule I drug by a federal appeals court.
This doesn’t make much sense since Koi CBD oil is sold by many companies online, have operated for years and ship to all 50 states in America.
With so much seemingly contradictory legislation surrounding CBD, we’re going to simplify the situation in this post.
Is CBD oil legal at the federal level?
In Hemp Industries Association v. Drug Enforcement Administration (HIA v DEA), the court ruled that CBD had “no accepted medical use” as a Schedule I substance. CBD is classed as Schedule I because it is a cannabis extract. But this ruling only covers CBD that is extracted from cannabis, not hemp.
Hemp-derived products were given special legal status with the 2014 Farm Bill, and this bill was upheld during the HIA v DEA case, which only reaffirmed the prohibition of cannabis-derived CBD.
The Farm Bill lays the first groundwork for a return to hemp cultivation in the United States. It allows states to set up hemp farming programs – with the popularity of CBD products right now, and there will certainly be enough demand.
The hemp-derived Pinnacle CBD that is legal all over America must contain no more than 0.3 percent THC. The Farm Bill made no explicit mention of CBD or any other cannabinoid in its text, except for THC.
Therefore, the most concise answer is, “Is CBD oil legal?” depends on the source. Providing your CBD oil product is made using an extract from hemp and not marijuana, it’s perfectly fine, and the DEA won’t come for you.
But under the Controlled Substances Act, a marijuana-based CBD oil product is illegal at the federal level, even if it contains less than 0.3 percent THC.
However, if you’re living in a state that has legalized recreational cannabis, medical cannabis, or just CBD, state law protects you from federal law. That’s why residents in Colorado, Oregon, Washington, and other legal states can buy whatever cannabis products they like.
Where is CBD oil legal?
Hemp-based CBD oil is legal in all 50 states, from Alaska to Washington. But legislation starts to get murky when considering extracts from marijuana.
As of 2018, 46 states have now legalized cannabis-derived CBD oil to some extent – for some states, that’s part of recreational legalization, while in other CBD is only available under a special exemption. But what’s the appeal about marijuana-derived CBD oil, when CBD is available from hemp-based products to all Americans? We’ll get into that later.
At first glance, states that have brought in “CBD-only” legislation are taking a brave foray into medical cannabis legislation. However, by only legalizing one component of the cannabis plant, the full therapeutic potential of the herb will remain unrealized. I
n such states, there are limits on THC’s amount that a product can contain, ranging from 0.3 to 8 percent. Southern states have been the biggest adopters of “CBD-only” laws.
Frustratingly for residents of Kansas, Idaho, Nebraska, and South Dakota, politicians have failed to even bring in a CBD-only law. In these states, there is no federal government protection if you get caught using CBD products made from cannabis. However, you’ll still be fine with hemp products.
So, hemp-derived CBD is federally legal?
That’s correct. Providing local state rules and regulations are followed, it’s legal to grow the hemp plants required for hemp-derived CBD. However, cannabis-derived CBD is only legal in states where medical or recreational programs have been introduced.
Many consider the best CBD pre-rolls derived from marijuana to be higher quality than CBD derived from hemp. This mostly comes down to the fact that marijuana extracts contain a mixture of all the cannabinoids in cannabis, including THC, which is only found in minimal levels in hemp.
There is some evidence that cannabinoids are more potent when taken together – this is often referred to as the “entourage effect.” If one subscribes to the entourage effect, CBD from cannabis would be an upgrade to CBD from hemp.
Legal states have so many different types of cannabis oils available. The 1:1 CBD to THC cannabis oil products promotes the entourage effect better than any other.
If you don’t want any psychoactive effects, then ratios of 20:1 CBD to THC will give you a controlled, yet mellow and relaxing experience. In states without recreational laws, it may be harder to obtain cannabis oils with higher THC levels.
So, there you have it. CBD oil is legal everywhere, providing that it comes from hemp. While cannabis-derived CBD remains illegal in Washington, most states have enacted legislation to legalize CBD from this source, too.
As of 2018, there are murmurs of a bill to federally decriminalize marijuana, perhaps to be introduced by Senator Chuck Schumer (D-New York). However, no action has been taken thus far.