Cannabidiol (CBD) is a natural compound derived from the cannabis plant that has gained popularity for its potential therapeutic benefits. However, its association with the cannabis plant has raised questions about its legality. In this article, we will explore the legal status of CBD and clarify the confusion surrounding its legality.
What is CBD?
CBD is a non-psychoactive compound found in the cannabis plant. Unlike tetrahydrocannabinol (THC), another compound found in cannabis, CBD does not produce a "high" or alter the user's state of mind. CBD is believed to have potential therapeutic benefits, including reducing anxiety, relieving pain, and improving sleep.
CBD can be extracted from both the hemp and marijuana plants. Hemp is a strain of cannabis that contains less than 0.3% THC, while marijuana contains more than 0.3% THC. CBD products derived from hemp are legal under federal law, while those derived from marijuana are illegal under federal law but legal in some states that have legalized marijuana for medical or recreational use.
The Legality of CBD
The legality of CBD is a complicated issue, mainly because of the source of the compound. CBD can be extracted from both marijuana and hemp, both of which are cannabis plants. Marijuana is illegal under federal law, while hemp is legal, but with restrictions.
In 2018, the Agriculture Improvement Act, commonly known as the Farm Bill, was signed into law. The bill legalized the cultivation, processing, and sale of hemp and hemp-derived products at the federal level. However, the bill also placed restrictions on the amount of THC that hemp-derived products could contain.
According to the Farm Bill, hemp-derived products must contain no more than 0.3% THC. Any product with more than this amount is considered marijuana and is illegal under federal law. As such, CBD products that are derived from hemp and contain less than 0.3% THC are legal under federal law.
The 2018 Farm Bill and CBD
The legal status of CBD changed significantly with the passage of the 2018 Farm Bill. The Farm Bill removed hemp from the list of controlled substances and made it legal to grow and sell hemp-derived CBD products.
Under the Farm Bill, CBD derived from hemp is legal as long as it contains less than 0.3% THC. The law also allows states to regulate the production and sale of hemp and hemp-derived products, including CBD.
However, the Farm Bill did not change the legal status of CBD derived from marijuana. Marijuana and marijuana-derived products remain illegal under federal law, although they are legal in some states that have legalized marijuana for medical or recreational use.
State Laws and CBD
State laws regarding CBD vary widely, and it is important to understand the laws in your state before purchasing or using CBD products.
Some states have legalized marijuana for medical or recreational use, which means that marijuana-derived CBD products are legal in those states. Other states have passed laws allowing the use of CBD products for medical purposes, but these laws vary in terms of the conditions for which CBD can be used, the types of CBD products that are allowed, and the amount of THC that is allowed in CBD products.
Still, other states have not passed any specific laws regarding CBD, which can create confusion about the legality of CBD products in those states.
CBD and the FDA
The Food and Drug Administration (FDA) has approved one CBD-based medication, Epidiolex, for the treatment of seizures associated with two rare and severe forms of epilepsy. However, the FDA has not approved any other CBD products for any other medical conditions.
The FDA has issued warning letters to companies that make unsubstantiated claims about the therapeutic benefits of their CBD products. The agency has also raised concerns about the safety of CBD products, including the potential for liver damage and drug interactions.
The FDA is currently evaluating the safety and efficacy of CBD and has asked for public input on the issue. The agency is also working on regulations for CBD products, but these regulations are not expected to be finalized for several years.
CBD and Drug Testing
One concern for people who use CBD products is the potential for a positive drug test. Drug tests typically look for THC, not CBD, but some CBD products may contain enough THC to trigger a positive test.
To avoid a positive drug test, it is important to choose CBD products that are labeled as "THC-free" or "no THC." It is also important to choose reputable brands that provide third-party lab testing to verify the content of their products.
Conclusion
The legality of CBD is a complex issue that depends on the source of the compound, the amount of THC it contains, and state laws. CBD derived from hemp and containing less than 0.3% THC is legal at the federal level, but state laws vary. It is also essential to be cautious when purchasing CBD products and to look for products that have been tested by a third-party lab.
