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Understanding the Legal status of CBD and its use for health benefits

Jun 23rd, 2018

Cannabidiol is gaining wide acceptance for its medicinal benefits. It can treat epilepsy and reduce stress levels in the body. Kentucky, Colorado, and California have legalized CBD. The legalization process is still in its premature stage because of different state laws. It is important to understand different aspects of the product before thinking of using it. We are moving in the correct direction slowly but surely. There are certain laws that you need to abide to use CBD in all the 50 states. The legality of CBD depends on the situation and the rules set up by a certain state in question. One important factor that you need to keep in mind is whether CBD is being derived from Marijuana or Hemp.

Federal laws prevailing for CBD use

Recently the Drug Enforcement Administration declared that CBD extracted from Marijuana comes under “Schedule 1” substance. It does not have any medical use, and it is not sellable. You need to keep in mind that this rule will not apply to CBD products that are derived from hemp. In the year 2014, there was a hemp bill passed that allowed all the states to start hemp farming. The 2014 Farm Bill has been revolutionary, and it has been effective for different medical conditions. It is clearly mentioned that CBD products that contain less than or equal to 0.3% THC can be marketed in all the 50 states in the US. Farm Bill mentions that the products that adhere to all the rules laid down in the bill can be produced in all the states.

It is clear that the source of the product is the deciding factor. You need to make sure that CBD oil is produced through hemp and it comes under “Controlled Substances Act.” But always keep in mind that though Cannabis is legalized in Oregon, Colorado, and California for adults, still it has been kept under “Schedule I Substance.”

State Laws that set a grey area for CBD legalization

As mentioned earlier, CBD from hemp is legal in every state, but you need to go through “Cannabis Protection Rules” along with a proper understanding of the Schedule I substances act. Some states have made it clear that they will allow “CBD-only” products. There are 17 states from the South that includes Mississippi, Alabama, Missouri and Georgia that allow “Medical Cannabis,” they will permit products that have varying levels of THC that range between 0.3% to 8%. The THC level has been defined differently in each state. South Dakota, Idaho, Kansas, and Nebraska are the four states that don’t allow any form of medical CBD.

Difference between CBD from Marijuana and CBD derived from Hemp

CBD has gained recognition in the past few years due to its therapeutic properties. Doctors are advocating for Cannabis because it has the power to heal anxiety, seizures, and various life-threatening diseases. It is rapidly growing because of its properties that provide both mental as well as physical benefits. The widespread use of CBD proves that it is highly unlikely that all the CBD products where sourced through Hemp. It is highly possible that some of them are being sourced from marijuana. In 2012, Colorado legalized CBD from marijuana for adult use. There is a robust program based on “Industrial Hemp” running in Colorado, it is a first of its kind. The first state where U.S. based hemp seeds are being grown includes Colorado.

Both Marijuana and Hemp are from Cannabis family. The point of difference between both these two is the THC content. While Marijuana contains more than 30% psychoactive Tetrahydrocannabinol, Hemp contains only 0.3% THC. This means that Marijuana can get you very high and in comparison to that Hemp will never get you high with low levels of THC.

Law does not have problems with Hemp because it does not have any psychoactive effect. Hemp producers are active in all parts of America, and their products can be used in different industries. It is completely different when it comes to Marijuana, and this is the reason why the source is crucial while deciding the legality of the product.

States that have legalized CBD for recreational use

Till date, there are only 8 states that have completely legalized CBD derived from Marijuana as well as Hemp. They have made it legal for recreational and medicinal purposes. So if you are in Colorado, California, Nevada, Washington, Alaska, Oregon, Massachusetts and Maine, then you can use CBD without any prescription. At present, the legal conditional is moving in a positive direction, and many states have started accepting CBD in any form. Researchers and producers are hopeful that in a few years more and more states will allow the use of CBD for recreational purpose.

Author Name: Michelle Smith

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