Cannabidiol (CBD) has impacted the wellbeing of countless people throughout the years. It has stopped seizures, helped anxiety, and eased pain, just to mention a few of the many benefits of CBD. But is CBD legal? The legality of CBD is a common question amongst consumers. Many myths have been believed by many for years. The stigma surrounding “marijuana” have left many first time consumers wondering if CBD is legal. Although CBD and marijuana are both from the same species of plant (cannabis sativa), they vary in regards of effects and legality. This association between the two varieties of cannabis has skewed the view of many, but CBD is 100% legal in the United States. In 2018, the United States Farm Bill was passed. Contained within this bill, cannabis sativa is defined into two different categories.
The first category is often called marijuana. Marijuana is defined as a cannabis plant or product that contains a high percentage of THC. The second variety is known as hemp or CBD. Hemp is categorized as cannabis sativa containing less than .3% THC. This variety of cannabis is what the majority of CBD is extracted from. Hemp plants have many different uses such as fiber, food, and medicine. Production of CBD is the primary use of most modern hemp grown in the United States. The law states if a cannabis plant contains less than .3% THC it is considered legal. There are also strains that contain quite high concentrations of both CBD and THC, but these are not as commonly found in the USA.
Origins of Cannabis prohibition in the US
In the early part of the 1900’s, the cannabis plant was demonized. There are many speculations and reasons why it was demonized, however it was originally intended to combat the use of marijuana. Little research had been conducted regarding cannabis, and large amounts of propaganda were produced in order to portray it as extremely dangerous. An example of this propaganda includes the movie called reefer madness. In this movie, they attempted to say all cannabis products were dangerous and caused destruction immediately. Many who viewed it unfortunately believed it, further spreading the stigma cannabis had.
This by default made hemp look bad as well. Government funds were also allocated for the eradication of cannabis. Specifically designed to target marijuana, hemp was also under attack under cannabis prohibition. It is speculated that lobbyists for plastic and paper companies lobbied against hemp, but we can only speculate on that. The only break hemp had was during world war 2. During that time, the “hemp for victory” campaign was put into place. This helped provide supplies for the war such as rope. After the war ended, the tough regulation was put back into place. It wasn’t until 2018 that farmers were permitted to grow hemp and CBD became legal. The many benefits hemp has to offer have long been known by many people, but growing it in the United States was made either impossible or extremely difficult. Certain hemp products were still available for sale in the U.S market, however the U.S had to rely on foreign import for these products.
This caused the price of products to prohibit many from affording it using it as a viable substitute for paper, plastic, and rope. The passage of the 2018 farm bill allowed farmers to grow hemp, and is leading to many prosperous new industries. Perhaps the most prosperous of these new hemp industries is CBD. Many hemp strains have high concentrations of CBD, which has been shown to have a wide variety of health benefits.
Legality of CBD in the United States
Since the legalization of CBD on a federal level, several issues have surfaced. Law enforcement lacks the proper training required to differentiate hemp flower and marijuana flower. Unfortunately, this lack of knowledge has led to the seizure and arrests of those possessing the hemp flower. It is 100% legal to have hemp flower as long as it falls under the proper guidelines. Hemp farmers do require a license, however these licenses are not hard to obtain and help ensure the quality of hemp that is grown. Another common question we receive about CBD is if CBD is approved by the FDA. The short answer to this question is that currently CBD is not regulated by the FDA.
With that being said, CBD is still legal. The FDA does acknowledge the ability for CBD to help with certain health issues, and has approved one specific brand for one specific ailment. This isn’t because they don’t realize all of the potential benefits of CBD, however intense testing and research needs to be conducted before they can make an informed decision. This takes years to do, and until 2018 CBD was still considered a schedule 1 drug in the United States. This made conducting research on CBD and the health benefits it contains nearly impossible. Legislators were presented with multiple cases of people who have benefited greatly from CBD. The legality of CBD is a relatively recent issue.
Prior to cannabinoid research being conducted, it was not entirely known how or why cannabis had the medical benefits that it did. The cannabis plant has been used for thousands of years for medicinal purposes, but modern science explains how this happens. These studies have helped solidify and legitimize the use of cannabis products as medicine. It is the right of the people to be able to take products that make them healthy and happy. Luckily laws allow people to enjoy CBD.
Always check with the laws for the State you live in. Whilst CBD has been made legal on a Federal level, there are still States that require CBD to have 0% THC.
Is CBD Legal to travel with?
CBD is legal, and many people enjoy the health benefits that it contains. The TSA has also taken a favorable stance on CBD products. They state as long as CBD products are federally compliant, Americans are free to travel with them. The only restrictions applied to CBD products on airplanes is the size of liquid or other container. The same rule applies to all cosmetic products, and items such as a 2 oz Salve are clear for take off. The quality of your vacation does not need to be limited by not being able to take a product you use as medicine, and now it does not need to be. CBD has become so popular, that the TSA made an announcement pertaining to being able to travel with CBD. Certain states in the US have created their own laws regarding other types of cannabis, but THC is still recognized as a schedule one drug. The difference really rests in the cannabinoid content. CBD that is derived from hemp is legal, and is able to help people live a better life.
