The Legal Status of CBD Oil

CBD oils have been rapidly gaining popularity across the United States among all types of people: athletes, medical patients, people looking for anxiety relief and many more. However, many people continue to have the same all-important question: is CBD oil legal?

The questions arose once again after the U.S. Drug Enforcement Administration (DEA) published a rule about CBD in December. In its announcement, the DEA restated its rule that all cannabis extracts, which includes CBD, are considered Schedule 1 substances. The agency issued this clarification to ensure American laws conformed with the treaties established by the United Nations to govern controlled substances.

This might sound like bad news for CBD oil companies and their loyal customers. However, the clarification only served to cause confusion among consumers, manufacturers and retailers, and as a result, the rule was instantly challenged in court by hemp and CBD oil producers from across the United States.

Since then, the DEA provided yet another clarification, which reads as follows:

  • The new drug code (7350) established in the Final Rule does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA).
  • The new drug code includes only those extracts that fall within the CSA definition of marijuana.
  • If a product consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana (7360).

Since Industrial hemp is excluded from the definition of marijuana in the CSA, any product derived from Industrial hemp would be considered legal (including cannabinoid products) as long as it is compliant with the federal farm bill.

State by state

To add to the confusion, CBD laws can vary from state to state. In all the states where medical marijuana is legal (currently 28 states), CBD products are covered by the same legal protections.

16 states have passed laws just referring to CBD, which legalize both the possession and use of CBD products derived from marijuana for certain conditions. In these states, however, marijuana products with a certain amount of THC are still considered illegal. In most cases, the CBD-only laws are in place to limit the use and possession of CBD products to children suffering from epilepsy or nerve conditions.

So at the moment, people who enjoy using CBD products and find them beneficial do not have to worry about being able to get them legally, if they are derived from industrial hemp or have a state program that allows for the production and sale of marijuana derived CBD products. It is up to manufacturers and retailers to ensure they are operating in full compliance with the law.

17 thoughts on “The Legal Status of CBD Oil

        • I think the list rings of snake oil to begin with and it probably is very individual. I would think it would be worth a try. It can’t hurt so I wouldn’t think twice. Good luck!

        • Usually stuttering is the result of racing thoughts. If you teach your child to concentrate on what he/she is intending to say they slow their words enough to speak without the interruption of the stutter. An intuitive fifth grade teacher spent a half hour a day after school for one week with me that has given me the ability to maintain control. Do you really want your child to rely on medication for life when there is a better solution?

  • I think the states should pass a bill that trumps the federal guidelines. They want to pick and pick what they see fitting for this so called “war on drugs” agenda. Lets attack medicinal and recreational marijuana and other uses for hemp while your neighbors become addicted to Big Pharm prescriptions and O.D. and die on heroin. I vote, I support, I educate others on the true facts. The government does not know what’s best for us as they keep proving that time and time again. Your company should compile a list of each and every chemical component in your product and how it can help the human body. The more educated people become the less they fear something. Keep up the great work on a great product.

    • The state’s cannot pass a law that trumps a federal law…..have you been smoking too much of the outlawed plant?

      • The states can pass any law, even if it trumps federal law (state’s rights), nor can the Feds make states enforce a federal law. However the Feds can enforcing federal laws in any state (supremacy clause).

        I know it may sound confusing, but basically the states can create and enforce state laws, states can choose to enforce federal law or not. The Feds, can not enforce state laws and can not make states enforce federal law. However, what happens is, the Feds can withhold federal funding to entice states to “fall in line.” This happened with federal hwy dollars back in the 80’s, with the federal 55mph law and seatbelt laws. States that tried to fight this, had their federal hwy funds withheld. SCOTUS ruled that the Feds could not force states to have these laws (states rights), Feds could enforce the federal law(supremacy clause), Feds could withhold federally related funds i.e. Hwy dollars (supremacy clause) but not unrelated funding i.e. Education and Social Security, ect”.

        Clear as mud????

        • Federal law superceeds state law. States can make any law they want but it doesnt keep them from being subject to federal law. You are right in a way about withholding funds, but that has nothing to do with laws. That’s why states laws about abortion and voting and civil rights that are not legal according to federal laws can’t be enforced. See? More complicated than you think. The Feds so far haven’t bothered to force states to comply with regard to marijuana but they could and Sessions wants to.

          • Jeff Sessions wont participate in the Russia investigation which is a major federal issue but he is more than happy to take CBD from a nobody person with chronic pain. It does not bother him that laws to schedule substances are made by the congress not the AG or DEA. Drain the swamp? He is the swamp.

    • Alcohol is much more destructive. And the side effects from some of these RX meds are ridiculous. It’s reefer madness all over, again. The benefits clearly outweigh the few risks. The government just doesn’t want people growing their own and losing their piece of the pie.

  • Is There a Difference between CBD-Oil and just regular Hemp Oil.
    Is it that Hemp Oil has CBD-Oil in it so just take Hemp Oil…

    Thank You For All This Good Info………………Gerry

    • Hello Gerry! Hemp oil is also known as Hemp seed oil. It is cold-pressed from the seeds and contains no cannabinoids or very a trace amount of cannabinoids. CBD oil is an extract of the aerial parts of the plant including the resinous tops. Taking Hemp seed oil will not have the same effects as taking CBD oil as they are two different types of oil.

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