CBD And Its Legal Status: Is CBD Oil Legal Or Illegal In The United States Of America?
November 09, 2019
You have got to be living under a rock if you are not aware of what CBD is at this moment. The CBD chemical is already a trending element in the medicine sector. You can use the therapeutic effects it offers to reduce the symptoms of a wide range of health conditions.
You will find CBD in your food or drinks. Even topicals and bath bombs are now infused with the goodness of CBD. There are so many ways in which you can use CBD to make sure that your health improves day by day. To make matters easier for you, there are also many CBD brands operating in the market as well.
But, this popularity that CBD is experiencing at the moment has not come easy.
Since CBD is a cannabis derivative, it has always had to face doubts of people. People usually assume that consuming CBD will create a state of euphoria for them. this is not the case at all.
There is a simple reason why CBD cannot create a high for you. This is because CBD itself is a chemical that is non-psychoactive in nature. As a result of this, even if you consume CBD in greater amounts, you will not get high.
In this article, we will mostly concentrate on the legal status of the CBD chemical in the United States of America.
Getting Introduced To The World Of The Wonder Chemical Called CBD
CBD stands for Cannabidiol. It is a chemical cannabinoid that is found growing in the cannabis Sativa plant. The main reason why CBD has become so popular around the world is because of its potential health benefits.
It should be interesting to know that the cannabis Sativa plant itself is an amazing concoction of chemical cannabinoids. The two most prominent chemicals in the cannabis plant include CBD and THC.
A lot of people assume that CBD and THC are the same chemicals. Actually, it is a common assumption since both these chemicals are found growing in the same plant. But, in reality, they are completely different chemicals
The THC chemical is a psychoactive element found growing in the cannabis plant. When you consume THC in higher amounts, you will experience a state of euphoria. This will not happen to you if you consume CBD under any circumstances. This is the main difference between CBD and THC.
The THC chemical also has the power to alter the cognitive functioning of the user. The most common functions are mentioned below.
We would like to point out that THC is not a bad chemical before you make that assumption. It is actually good for your overall wellbeing and health. You can take advantage of the chemical to improve your mood and restore your lost appetite. There are also suggestions that THC has the potential to curb the risks related to cancer and heart attacks.
The Entourage Effect
All chemical cannabinoids used have different plus points. Each of them can actually have a positive effect after being consumed by the user. This particular property of the chemicals intrigued the interest of cannabis users.
Cannabis users combined together with different cannabinoids. This combination reaction was what was called the entourage effect. In this reaction, the traits of every cannabis became more amplified. This, in turn, makes the created products even more efficient and potent.
The two most common CBD oils formed under the entourage effect include the following.
- Full Spectrum CBD oil
- Broad Spectrum CBD oil
It should be noted that because these oils are way more powerful, they have to be taken with care. It would be better for you to consult a doctor or a physician before you start using these amplified CBD oils. The efficacy of these oils is much more in comparison to CBD isolate.
Even if you increase the dose amounts of CBD isolates, it will not be able to match the efficacy of the amplified CBD oil. CBD isolates are good for the body. But, when you compare these elements with say, Full Spectrum CBD, they will always fall short.
Decoding The Legal Status Of The CBD Chemical In The United States Of America
The legal status of CBD has always been subject to a lot of controversies. This is because people have a lot of misconceptions in their minds regarding CBD. Even cannabis is subject to a lot of issues in general.
In this part of the article, we will aim to present to you the official legal status of CBD in the simplest of terms. Read on as we discuss the nuances related to legal laws on CBD.
The Source of the CBD Chemical
The source of CBD oil plays a very important role when we talk about legal status. You see, the cannabis plant can be of two types. The first one is the hemp plant. And, the second type of plant is the marijuana plant.
Each of these plants has different characteristics. It is due to this very reason The extracted CBD oil will also have different features depending on the plant it is extracted from.
In the case of the hemp plant, this plant has a greater CBD level. It also contains THC but, on the lower side. To be more precise, the total presence of THC in the plant will never exceed more than 0.3 percent.
In the case of the marijuana plant, it is the THC chemical that is on the predominant side. but, CBD will be lower. Now, CBD is not negligible in the marijuana plant. It is only present in lower quantity when you compare it to THC.
Now, when the CBD chemical is extracted from the hemp plant. It will display similar traits. In other words, CBD hemp oil will have a greater concentration of CBD. Also, the total presence of THC in this chemical will always be below 0.3 percent.
In the same way, CBD marijuana oil will have a greater concentration of the THC chemical. it will be the CBD chemical which will be on the lower side in this case.
The 2014 and 2018 Farm Bill of the United States of America
In 2014, when the government of the United States of America passed the Farm Bill, a positive change had taken over the hemp industry. As per the bill, the citizens of America were free to grow and cultivate hemp plants freely across the country.
However, proper implementation of this rule was made when the 2018 Farm Bill was passed. In addition to the cultivation of hemp being federally legal, Americans could also use products that would directly be derived from the hemp plant. This, in turn, made CBD oil that was derived from hemp legal. So, this is why the source of the mother plant plays an important role that the legal status is concerned.
Like we said before, there are still complications attached to the end legal status of CBD oil. The government also attached one condition that had to be fulfilled in order for the CBD oil to be legal. The condition was that a total THC traces in the extracted CBD oil should not exceed more than 0.3 So, this is why the source of the mother plant plays an important role that the legal status is concerned.
Like we said there are still complications attached to the end legal status of CBD oil. The government also attached one condition that had to be fulfilled in order for the CBD oil to be legal. The condition was that the total THC traces in the extracted CBD oil should not exceed more than 0.3 percent.
Again, this condition is satisfied when the CBD oil is sourced from the hemp plant. But, if the CBD oil will be derived from the marijuana plant then the total THC traces will change.
Having said all this, you have to take into account the state laws as well. Yes, with regards to CBD, different American states have different laws. You see, it was only recently that CBD was given legal status by the federal government. This, in turn, has not given enough time to all the states to embrace the CBD chemical.
For example, there are states who do not allow their citizens to use CBD oil. The most common examples of the states include South Dakota, Idaho, and Nebraska. We are not saying that the CBD chemical is banned in the state. But, there are a lot of restrictions imposed on the sale and use of CBD oil.
In the same way, there are also states who allow the free use of CBD oil. This includes CBD marijuana oil as well. In other words, citizens of such states can use CBD oil for recreational and medicinal purposes. Colorado, Washington, and Nevada are the common examples of states that allow the free use of CBD oil.
If we were to take into account the majority of American states, the answer would be different. This is because maximum states in America allow the medicinal use of medical marijuana. They have only placed strict limitations on the recreational use of the same. All in all, in such states, you can easily use CBD cannabis oil. This, of course, is provided you fulfill the required conditions set up by the state governments.
To conclude, CBD oil is legal across the United States of America. But, the CBD oil has to be sourced from the hemp plant. And, if you want to use CBD oil, as a buyer, you have to make sure that the total THC traces do not exceed more than 0.3 percent.
In the same way, CBD cannabis oil is also illegal. But, only in a select few states. On the federal level, marijuana is still on the list of the Controlled Substances Act. So, if you found with CBD oil with high traces of THC, you can fall in a lot of trouble. You will be subject to prosecution and penalization.
As a buyer, you always have to be careful that you are buying the correct product. If you fail to do so, you might end up getting charged with a misdemeanor or even worse. But other than that, you are quite safe with using CBD hemp oil. You will only need to find the laws of the state in which you live to be completely protected.
You can always refer to Americans for Safe Access to get more detailed information when we talk about CBD. This site contains credible information which can give you complete details about the various CBD laws according to the different states.
Understanding The Stance Of The U.S Food And Drug Administration (FDA) On CBD Oil
The FDA is quite a reputed agency across the United States of America. The entire point of this agency being set up is to make sure that the health of the American people remains uncompromised.
You see, the FDA has still not accepted the CBD chemical as a dietary supplement. It is also because of this very fact it has not published any guidelines regarding the optimal dosage. this, in turn, makes it very clear that the agency does not practice any regulation on the CBD chemical.
This is also one of the main reasons why if You American states have not embraced the CBD chemical. They are waiting for the FDA to issue a final stance on the efficiency of the CBD chemical. Once the agency does except the chemical, the other states will soon follow suit.
The main reason for the absence of regulation by the FDA is the lack of detailed research. Since CBD is a cannabis derivative, a lot of limitations were imposed on the research of it. Scientists were restricted when it came to exploring the full potential of the CBD chemical.
But, things are changing now.
With people all around the world showing an active interest in CBD, the government is making laws reflecting the same. A lot of governments in recent years have made CBD well. We can expect that in the next couple of years, a more progressive outlook towards cannabis will be seen.
We would also like to point out that you do not have to worry about your safety when it comes to CBD. As we have mentioned before, the entire point of setting up the FDA was to look after the health of Americans. If the FDA finds out that any CBD brand is selling bad products, it will step in.
In the past, already the FDA has intervened when it has found CBD brands trying to fraud customers. So, you don’t have to worry about consuming bad products. This makes CBD say for use as well.
The Final Verdict: CBD Oil Is Legal In The United States Of America
Now that we have already established at CBD is legal in the United States, let us talk about the places where you can buy it. There are many places where you can buy CBD oil for improving your health and wellbeing.
You have to be very thorough with your research when you are selecting a CBD brand. Try to of a brand that does not use the words ‘cure’ when marketing their products. You see, while the CBD chemical is a very effective chemical it is not a magic potion. If a company uses such words, either the CBD brand is not aware of the laws making it ignorant. Or, the CBD brand is ready to break rules which is most certainly not a good sign.
In addition to this, the FDA does not allow CBD brands to use the word ‘treat’. Also, CBD brand manufacturers can not sell their products as a dietary supplement. All these are certain pointers that can help you locate a CBD brand that you can trust. It is very important that you select a brand that sells good quality CBD oil.
Only when you buy good quality CBD oil will using it, make your health better. CBD oil that is not of good quality will be ineffective making you see no change. The other two have to remember in optimal dosage. CBD also has to be taken in the correct amount to make sure that you can curb the symptoms of health issues. If you are not careful in doing this, again the entire motives of taking CBD oil will fail.
We would personally recommend you to consult a doctor or a physician. They will help you understand CBD better. Not only will you learn the optimal dosage as per your body needs. But, you can also figure out the correct CBD intake method as per your tastes and preferences.
At the start, all this may look like a lot of work. But trust us when we tell you that in the long run, it will be you who will benefit.