It depends. In terms of federal law, the legality of CBD oil depends largely on where the CBD came from and where it is being used, so it is important to understand some cannabis fundamentals.
Cannabis is filled with chemicals. Arguably the most well known of these chemicals is tetrahydrocannabinol (THC). Whereas THC is largely responsible for cannabis’ “high," CBD does not result in a high. Supplement manufacturers are making CBD into many forms, including oils, tinctures, pills, and lotions. Some supposed benefits of using CBD include:
When Is CBD Oil Illegal?
Both industrial hemp and marijuana are members of the cannabis family, but they are treated differently under federal law. Industrial hemp, as defined by the federal government, is cannabis that contains less than 0.3% THC by weight. Marijuana is defined as any cannabis that contains more than 0.3% THC by weight.
Every U.S. state allows for the use of cannabis in some form, but each state’s laws are different. For example, Washington state law allows residents to legally consume CBD oil for recreational purposes, whereas South Dakota state law categorizes CBD as a Schedule IV controlled substance and allows citizens to use CBD only in forms that are approved by the Food and Drug Administration, e.g., Epidiolex.
America’s relationship with cannabis is complicated. According to federal law, cannabis — including CBD — is still predominantly illegal, although there are exceptions. Even with the continuing federal prohibition of cannabis, most U.S. states have enacted their own cannabis-related laws. As such, CBD oils reside in a legal grey area.
Due to CBD being both unregulated and often containing small amounts of THC, the DOD still considers it to be an “illicit drug,” and its use as unauthorized by service members and government civilians, the Army News article warned.
“Summing up this discussion, I think it’s all about informing our military community about these products and asking them to be mindful of their potential impact on someone’s career,” Oates said.
The other uniformed services have similar regulations prohibiting CBD’s use. There are federal workforce restrictions that apply to government civilians as well – further details are available on the Substance Abuse and Mental Health Services Administration website, samhsa.gov.
Furthermore, with no Federal Drug Administration oversight of the production of CBD products, “there is an increased risk of potential injury related to ingesting potential molds, pesticides and heavy metals,” the Army News article advised.
“Military members should not confuse the prevalence of such products with their legality,” Oates said. “Soldiers are prohibited from using hemp products of any sort, whether or not they have been legalized in certain jurisdictions.”
“Pure” CBD, also called “CBD isolate,” is called that because all other cannabinoids have been removed. So have terpenes and flavonoids, which give marijuana its strong aroma and earthy flavor.
While the terms “CBD tincture” and “CBD oil” are often used interchangeably, the two are actually different. Tinctures are made by soaking cannabis in alcohol, while oils are made by suspending CBD in a carrier oil, like olive or coconut oil.
Michigan State University provides funding as a founding partner of The Conversation US.
Hemp, marijuana and cannabanoidals
There is no standardized dosage of CBD. Some retailers may have enough knowledge to make a recommendation for first-timers. There are also online resources – like this dosage calculator.
Another big difference among hemp, marijuana and CBD is how the law treats them.
Hemp, marijuana and CBD are all related, but they differ in significant ways. Here’s what you need to know about their legality, effects and potential health benefits.
Though 15 states have now legalized recreational marijuana, it remains illegal federally in the United States. Technically, those in possession of marijuana in a legal weed state can still be punished under federal law, and traveling across state borders with cannabis is prohibited.