Is CBD Legal in the US?
Fortunately, there are many circumstances where the purchasing, selling, and consumption of CBD products is completely legal. However, at its current pace, this sector of law is continuously evolving every year, which has resulted in complex regulations with impactful nuances. Many states have begun adopting and enacting juvenile laws that address CBD legality, but their nature tends to be contradictory, and are often trumped by other federal laws.
No CBD-specific law exists at the federal level, so in order to understand its legality, we must instead analyze a series of court cases and related federal rulings that have occured over the last few years. These include the Controlled Substances Act, 2014 Farm Bill, Omnibus Appropriations Act of 2016, Hemp Industries Association, et al, v. Drug Enforcement Administration, and USA v. Marin Alliance for Medical Marijuana.
The Legality of CBD in US
Before diving into the intricacies of these federal rulings, here’s a broad idea of what CBD laws currently look like. If obtained from the mature stalks of a cannabis plant, or the flowers and leaves of industrial hemp, then the CBD is legal to purchase, sell, consume, and ship throughout states that are compliant with the 2014 US Farm Bill. The only exception would be if a certain state has passed specific laws that directly prohibit the sale, or presence, of CBD.
Using the aforementioned acts and court cases, we’ll show you how we came to the above conclusion. For each court ruling, we’ll provide the most important factors responsible for the greatest impacts on clearing up the confusion surrounding CBD legality.
1. Controlled Substances Act and Hemp Industries Association, et al, v. Drug Enforcement Administration
These outcomes of these cases determined that CBD proven to have come from the mature stalks, leaves, and flowers of industrial hemp plants were deemed legal for production, purchasing, and consumption so long as it comes from a state whose laws are pursuant to the 2014 Farm Bill. Essentially, this is called the “Source Rule”, where all industrial hemp produced under the Farm Bill, and any of its derivatives (cannabinoids), are NOT considered controlled substances. Even more so, this case demonstrated that the courts recognized, and upheld, the DEA’s claims that they’re uninterested in pursuing cannabinoids unless they fall directly under the Controlled Substances Act. Since industrial hemp is no longer controlled, this implies the DEA will not pursue any legal action against CBD.
2. 2014 US Farm Bill
The biggest implication of this act comes from Section 7606, that addresses the production of industrial hemp in certain states that were granted pilot programs to expand research into the crop. It’s important to note that this act established, for the industrial hemp industry, the 0.3% standard threshold that THC levels cannot pass. This standard has since been adopted as the accepted definition of “industrial hemp”.
3. Omnibus Appropriations Act of 2016 and USA v. Marin Alliance for Medical Marijuana
Perhaps the most important, recent win for the hemp industry, thanks to these rulings, industrial hemp is now legal to process, transport, and sell across states that do not have laws pursuant to the 2014 US Farm Bill. However, it’s important to note that neither of these instances make specific reference to CBD, but considering the substance is a naturally occurring component of industrial hemp, it’s reasonable to assume the laws extend to cover cannabidiols.
As mentioned earlier, these laws are constantly changing, evolving, and adapting as we begin to understand the ramifications of CBD use. Despite the flux status of CBD laws, at MedCBDX, we’re always monitoring updates as they happen in real time. Accurate information is essential for making informed decisions, and while consulting with law professionals is always recommended, we want to illustrate that we care very much about this issue.
Whether you need CBD for medicinal use or CBD for recreational use, we make sure that all our products are legally safe for your consumption.