23. What should I do if my child eats something containing cannabis?
Numerous other legal requirements apply to dietary supplement products, including requirements relating to Current Good Manufacturing Practices (CGMPs) and labeling. Information about these requirements, and about FDA requirements across all product areas, can be found on FDA’s website.
There is a significant interest in the development of therapies and other consumer products derived from cannabis and its components, including cannabidiol (CBD). FDA recognizes the potential opportunities that cannabis or cannabis-derived compounds may offer and acknowledges the significant interest in these possibilities. However, FDA is aware that some companies are marketing products containing cannabis and cannabis-derived compounds in ways that violate the Federal Food, Drug and Cosmetic Act (FD&C Act) and that may put the health and safety of consumers at risk. The agency is committed to protecting the public health while also taking steps to improve the efficiency of regulatory pathways for the lawful marketing of appropriate cannabis and cannabis-derived products. FDA has a number of resources available that address cannabis and cannabis-derived products, such as CBD, and the agency wants to ensure that consumers and other stakeholders have access to these resources in a centralized location.
Research and Expanded Access
FDA is not aware of any evidence that would call into question its current conclusions that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act. Interested parties may present the agency with any evidence that they think has bearing on this issue. Our continuing review of information that has been submitted thus far has not caused us to change our conclusions.
9. Can THC or CBD products be sold as dietary supplements?
FDA continues to be concerned at the proliferation of products asserting to contain CBD that are marketed for therapeutic or medical uses although they have not been approved by FDA. Often such products are sold online and are therefore available throughout the country. Selling unapproved products with unsubstantiated therapeutic claims is not only a violation of the law, but also can put patients at risk, as these products have not been proven to be safe or effective. This deceptive marketing of unproven treatments also raises significant public health concerns, because patients and other consumers may be influenced not to use approved therapies to treat serious and even fatal diseases.
With respect to products labeled to contain “hemp” that may also contain THC or CBD, as mentioned above it is a prohibited act under section 301(ll) of the FD&C Act to introduce or deliver for introduction into interstate commerce any animal food to which THC or CBD has been added.
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.
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.
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?
Hemp vs. Marijuana
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.
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.
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:
In the end, CBD oil sourced from hemp plants is federally legal, as long as the CBD oil doesn’t have a THC concentration higher than 0.3%. You just need to buy CBD from a source you can trust to carefully monitor and accurately report their product’s THC content.
Don’t take risks when it comes to finding a quality CBD supplier. The most trusted sources are those that are upfront about their production process and product ingredients. You should also investigate the brand’s customer reviews, to make sure your source has a good track record with buyers.
States such as Washington and Colorado allow any type of CBD oil to be sold in their states. This includes marijuana-sourced CBD.
Is CBD Oil Legal Federally?
Now let’s fast forward to 2018: further adjustments were made to the 2014 Farm Act, introducing the new 2018 Farm Act. What exactly was its aim? To remove hemp from the Schedule 1 Controlled Substances List, using the premise that any cannabis product with THC content less than 0.3% was now legal and removed from this list.
Other states that have accepted CBD oils and/or other marijuana products include Maine, Nevada, California, Massachusetts, Vermont, Oregon, Alaska, and the District of Columbia.
Today, we talk about CBD oil as a powerful phytocannabinoid capable of offering a wide array of potential health benefits. Studies show these benefits may include pain relief, improved heart health, and an increase in concentration , among other potential benefits. Given this research, many people are exploring regular CBD oil use. However, one question keeps popping up: is CBD oil federally legal? Can we purchase this substance without breaking the law?
Today, at the federal level, CBD is a viable commodity that can legally be grown and sold in the US. However, due to the 0.3% THC threshold, the DEA still keeps CBD derived from the cannabis plant with greater than 0.3% THC on the Schedule 1 Controlled Substance list.