The FDA has yet to make any strong stance for or against the sale of hemp-derived products in the United States and the market has become a bit of a wild West in this regard.
Most CBD products like CBD oils, CBD capsules, edible gummies, or CBD E-liquids are made using hemp-derived CBD in order to sell these products legally.
Science has come a long way in recent decades to track the benefits of the cannabis plant and its chief cannabinoids — CBD and THC (the main psychoactive cannabinoid).
1. Legal States
As a byproduct of this evolution, supplement companies now have access to hemp as a source of nutritional products — which now falls under the jurisdiction of the Food and Drug Administration (FDA) to regulate as a nutritional supplement.
Marijuana’s long and tortuous legal battle began in the mid-1930s in the United States. The United States government began campaigns against its use. They associated it with insanity, aggression, and criminal activity through propaganda films like Reefer Madness (released 1936).
Cannabinoids are classified by their ability to interact with a specialized system of receptors and hormones in the body aptly named the endocannabinoid system. End– meaning “inside the body”. Conversely, cannabinoids that come from plants such as cannabis are called phyto-cannabinoids.
Historically, regulators around the world simply axed the benefits of the cannabis plant to keep the intoxicating parts illegal — but times have changed. People want access to the numerous health benefits of cannabinoids like CBD. After decades of lobbying and protesting, the legal status of cannabis is finally being reevaluated around the world.
Marijuana and Hemp are classifications used to broadly define the cannabis plant. Both of them are used to differentiate the different Cannabis strains and species of cannabis plans although scientifically “hemp” and “marijuana” are neither strains nor species of the cannabis plant.
Pennsylvania – Legalized medical marijuana and CBD products that are approved by the FDA.
Kentucky – Excluded the word “marijuana” when defining CBD products for medical use. CBD oil is legal for use as well as long as it has less than 0.3% THC.
Frequently Asked Questions
Oklahoma – Excluded the word “marijuana ” when it comes to defining CBD products approved by the FDA. CBD oil and products are legal as well as long as it’s approved by the FDA and has less than 0.3% THC.
Maryland – Legalized medical marijuana and CBD products that are approved by the FDA.
However industrial hemp and mariujana are not the same type of plant. Because of this industrial hemp is legal to grow in the United States. It’s still illegal to grow in other countries so keep this in mind before taking some industrial hemp with you when you fly to other countries.
West Virginia – Legalized medical marijuana and CBD products that are approved by the FDA.
Many in the cannabis industry claim that as long as the CBD product contains less than 0.3% THC, it is classified as hemp under federal law and is therefore legal to possess and distribute. (WTHR commissioned a lab test for Ndiaye’s CBD oil — it had 0.00% THC.)
There are certainly CBD producers who source their hemp from cultivators that operate under the Farm Bill. But given how widespread these products are, it’s unlikely that all of them were sourced from research hemp. And state laws on CBD and hemp vary widely. Colorado, which legalized adult-use marijuana in 2012, has a robust industrial hemp program and is home to the first U.S.-bred certified hemp seed. But in Massachusetts, where you can now grow marijuana at home, it’s still a crime to grow hemp without a state license, reported The Boston Globe.
The 2014 Farm Bill is often cited as evidence that CBD derived from industrial hemp is now legal. But the legislation legalized only a very narrow set of hemp cultivation activities: It is legal to grow hemp under a state pilot program or for academic research. It is also legal to cultivate under state law “in which such institution of higher education or state department of agriculture is located and such research occurs.”
An Indiana man was overwhelmed with emotion this week when a county court dismissed his case.
CBD, short for cannabidiol, is a compound found in cannabis that has gained prominence in recent years for its therapeutic properties. Cannabis advocates have hailed the cannabinoid for its promise in combating seizures, anxiety and myriad other ailments. CBD is “the new ‘it’ drug,” according to The Washington Post. It’s a “rapidly rising star for its capacity to deliver mental and physical benefits,” according to Quartz.