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is cbd hemp oil legal

“Broad spectrum” CBD typically contains at least three other cannabinoids, as well as some terpenes and flavonoids – but still no THC. “Full spectrum” CBD, also called “whole flower” CBD, is similar to broad spectrum but can contain up to 0.3% THC.

“Pure” CBD, also called “CBD isolate,” is called that because all other cannabinoids have been removed. So have terpenes and flavonoids, which give marijuana its strong aroma and earthy flavor.

Another big difference among hemp, marijuana and CBD is how the law treats them.

Hemp, marijuana and cannabanoidals

One would assume, then, that hemp-derived CBD should be federally legal in every state because the THC levels don’t surpass 0.3%. But CBD occupies a legal gray area. Several states, such as Nebraska and Idaho, still essentially regulate CBD oil as a Schedule 1 substance akin to marijuana.

Hemp, marijuana and CBD are all related, but they differ in significant ways. Here’s what you need to know about their legality, effects and potential health benefits.

The current federal prohibition of marijuana, in other words, does not align with the public’s view – though state-based legalization shows that society is moving on without the blessing of politicians on Capitol Hill. U.S. recreational marijuana retail sales may reach US$8.7 billion in 2021, up from $6.7 billion in 2016.

Note that CBD oil is different from hemp oil – which comes from pressing cannabis seeds, and may not contain CBD – and hempseed oil, which is a source of essential fatty acids and contains no CBD. It’s a nutritional supplement, more like fish oil than CBD oil.

A. At the federal level, the Agriculture Improvement Act of 2018, Pub. L. 115-334, (the 2018 Farm Bill) was signed into law on Dec. 20, 2018. Among other things, this new law changes certain federal authorities relating to the production and marketing of hemp, defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” These changes include removing hemp from the CSA, which means that cannabis plants and derivatives that contain no more than 0.3 percent THC on a dry weight basis are no longer controlled substances under federal law.

A. With the exception of products such as the hemp seed ingredients discussed in Question #12, which have been evaluated for safety, it is important to protect children from accidental ingestion of cannabis and cannabis-containing products. FDA recommends that these products are kept out of reach of children to reduce the risk of accidental ingestion. If the parent or caregiver has a reasonable suspicion that the child accidentally ingested products containing cannabis, the child should be taken to a physician or emergency department, especially if the child acts in an unusual way or is/feels sick.

Consumer Information

With respect to products labeled to contain “hemp” that may also contain THC or CBD, as mentioned above it is a prohibited act under section 301(ll) of the FD&C Act to introduce or deliver for introduction into interstate commerce any animal food to which THC or CBD has been added.

24. I’ve seen cannabis products being marketed for pets. Are they safe?

[4] Silva, et al. Prenatal tetrahydrocannabinol (THC) alters cognitive function and amphetamine response from weaning to adulthood in the rat. Neurotoxicol and Teratol 2012; 34(1): 63-71.

CBD is a non-intoxicating cannabinoid found in cannabis. CBD is the second-most abundant cannabinoid in cannabis, after tetrahydrocannabinol (THC), and it has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, the latter of which is legal in the US if they contain minuscule amounts of THC.

Some CBD oil labels are fraught with marketing terms and buzzwords that appear to signify medicinal value. Terms such as “organic,” “all-natural,” and even “pure” have no scientific meaning, and shouldn’t be considered a sign of a trustworthy CBD oil. Products claiming to contain hemp or hemp seed oil aren’t the same as hemp-derived CBD oil, and won’t necessarily contain any CBD. Cannabis-derived CBD oil is produced from cannabis plants that contain more than 0.3% THC.

What is CBD?

One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.

CBD oil labels should not make any medical claims. The FDA monitors and regulates claims of medical efficacy related to any unapproved substance. The agency sent warning letters to several companies that sold CBD products with labels claiming the contents could prevent, treat, and cure serious diseases. Yet plenty of companies voluntarily follow FDA standards and prohibit unverified claims on their labels. Words such as “cure,” “prevent,” “reduce,” and “treat” can be red flags that a seller isn’t operating with integrity.

Broad-spectrum means that the product contains CBD and terpenes, but has undergone additional processing to strip out any THC.