Although cultures around the world have used cannabis for centuries, Americans are just now beginning to understand what cannabis and the chemical compounds in it do to the human body. Cannabidiol (CBD) oil, in particular, has become wildly popular for its alleged health benefits, but is CBD oil legal?
If CBD oil comes from hemp, it is federally legal. If CBD oil comes from marijuana, it is federally illegal. State laws, however, vary widely.
When Is CBD Oil Illegal?
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:
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.
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.
Illinois – Legalized medical marijuana and CBD products that are approved by the FDA.
CBD also has natural inflammatory properties which really helps in dealing with chronic pain. This is just the confirmed benefits and uses of CBD as a compound.
Legal Status of CBD in Each State – Where Is CBD Illegal?
Louisiana – Legalized medical marijuana and CBD products that are approved by the FDA.
Since both of them are cannabinoids, they are beneficial to the body and they can help treat pain, seizures, and reduce anxiety. However, THC has some psychoactive effects and it is one of the main reasons why smoking weed or taking marijuana can get you high.
Hemp is a broad term that refers to varieties of the cannabis plant that have less than 0.3% THC. Because of its low THC content, it isn’t psychoactive and many products derived from hemp like CBD shows how useful it can be in treating various illnesses as well as relieving stress.
Clinical research indicates that CBD is effective at treating epilepsy. Anecdotal evidence suggests it can help with pain and even anxiety – though scientifically the jury is still out on that.
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Hemp, marijuana and cannabanoidals
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.
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.
One would assume, then, that hemp-derived CBD should be federally legal in every state because the THC levels don’t surpass 0.3%. But CBD occupies a legal gray area. Several states, such as Nebraska and Idaho, still essentially regulate CBD oil as a Schedule 1 substance akin to marijuana.