Find out if CBD is Legal In Your State.
Because of its frequent association with marijuana, CBD has experienced a frequently confusing and at times contradictory legal history in the United States. The guide below intends to clear up some of that confusion with up-to-date answers to frequently asked questions about its current state of legality across the country. But, keep in mind the Cannabis industry is complex and frequently changing so we also recommend checking with your state to get the most up-to-date information on regulations

What Is CBD?
CBD, short for cannabidiol, is a naturally occurring chemical compound from plants in the cannabis family, including the hemp plant. CBD is just one of more than a hundred different types of cannabinoids, the molecules produced uniquely by cannabis plants. Unlike the cannabinoid THC, short for tetrahydrocannabinol, CBD is not psychoactive. This means that CBD does not cause the high associated with marijuana. Instead CBD reportedly lowers anxiety levels, reduces pain and inflammatory, treats some forms of seizures, and results in feelings of relaxation.

The Cannabis sativa variety of plant produces both hemp and marijuana. The difference is the percentage of THC in the plant. Cannabis with 0.3 percent or less of THC content classifies as hemp, while cannabis containing more than 0.3 percent of THC is considered marijuana.

Is CBD Oil Legal?
The often murky legal status of CBD stems largely from conflicting federal and state laws, recent changes in both, status of medical marijuana and recreational marijuana, and the ongoing confusion and conflicts related to the hemp plant and marijuana.

So Why Is There So Much Confusion About CBD? Hemp was made legal on the federal level in 2019:
Congress passed the Agriculture Improvement Act of 2018 (“Farm Bill”), which was then signed into law at the end of the year. The Farm Bill removes hemp from the Controlled Substances Act, expands hemp’s commercial cultivation, and legalizes hemp production on Indian tribal land and in U.S. territories. Hemp regulations now belong under the U.S. Department of Agriculture (“USDA”) instead of the Drug Enforcement Administration. Since hemp now is legal, most presume that CBD derived from hemp also is legal. However, the regulations do not explicitly extend legal status to hemp extracts.

But the legality of CBD is still murky and depends in-part on form factor:
The Farm Bill grants the Food and Drug Administration’s (“FDA”) the authority to regulate products containing cannabis or cannabis-derived compounds, including CBD, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act. So if a product is meant to be used as a drug, food, dietary supplement, or cosmetic, and that product is sold across state lines, then it is subject to FDA regulation.

FDA is currently evaluating CBD’s safety. For now, its stance is that products that add CBD to food or label CBD as a dietary supplement are not legal for interstate commerce.

And the regulations are developing still:
The USDA intends to complete its final rules on hemp production by August 2019.
The FDA is reviewing its rules and has held public hearings, inviting feedback.
Congress is considering several cannabis-related pieces of legislation that could make further changes.
Plus states have their own sets of laws:
Just as each state has its own stance on medical marijuana, as you’ll see below each state has its own sets of laws and policies around CBD cultivation, distribution, manufacturing, selling, and possession. To further complicate the legal landscape, many of these states’ legislatures are reviewing proposed amendments to existing laws. In many instances, regulating agencies still are in the process of developing regulations and procedures related to CBD.

Is CBD Oil Legal? A Complete Guide to State Laws in 2019

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