No. You also don’t need to obtain a medical card to buy hemp-derived CBD oil in California. Just see to it that it’s from industrial hemp and has no more than 0.3% THC.
Yes. Medical and recreational marijuana is legal in California.
What makes them vastly different from each other is their cannabinoid and terpene content.
Do You Need a Prescription to Buy CBD Oil in California?
Marijuana remains federally illegal. Industrial hemp containing more than 0.3% THC is considered marijuana and is, therefore, prohibited.
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However, in compliance with federal laws, California also currently prohibits the use of hemp-derived CBD in foods and beverages. Technically, this means that the state prohibits edibles containing CBD sourced from industrial hemp.
Hemp growers are also required to submit samples for THC concentration 30 days before harvest. Registrants should also submit their registration name and contact info, number, name of seed cultivar, anticipated harvest date, Global Positioning System coordinates, physical address, acreage of the crop, and general description of the location, as well as the name and contact info of the lab intended to conduct testing for THC content.
You can possess CBD oil in California as there are no specific possession limits. Whether you have a prescription or not, California allows you to use cannabis and CBD products for health or therapeutic reasons. The only concern should be where you can get good quality and legal CBD in the state.
The state’s definition of CBD remains consistent with the federal definition. The Attorney General’s office issued a letter stating that even though California allows sales and manufacturing of cannabis products, adding industrial hemp to food products is prohibited.
Is CBD Oil Legal in California?
The commissioner later collects the samples once the information is received or approved by the third-party lab for testing. Industrial hemp crops that don’t meet testing requirements are destroyed.
CBD or cannabidiol can be derived from either hemp or marijuana, and it has grown in popularity due to its health benefits. California is well-known for cable cars, the Hollywood entertainment industry, Golden Gate Bridge, and over the past few years, cannabis as well.
The state was trying to clarify CBD legality and legalize hemp-derived CBD to be included in beverage, food, and cosmetics products without legal restriction by introducing AB 228 after the 2018 Farm Bill was passed. However, the bill was held. There the state’s laws surrounding CBD oil and hemp-derived CBD products remain consistent with the FDA until the bill is passed and signed by the Governor.
The act, SB 566, also known as the California Industrial Hemp Farming Act, authorized the commercial production of industrial hemp in January 2017. Industrial hemp growers are required to register with a county agricultural commissioner before cultivation with an annual registration fee of $900.
Hemp growers must also submit samples for THC concentration testing no more than 30 days before harvest. Registrants must submit their registration number, name and contact information, anticipated harvest date, name of the seed cultivar(s), physical address, Global Positioning System coordinates, general description of the location, and acreage of the crop, and the name and contact information of the laboratory to conduct the testing for THC content.
The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level.
Currently, there are no clear possession limits on CBD oil in California.
After the 2018 Farm Bill passed, the state introduced AB 228, which would have clarified CBD legality and legalized hemp-derived CBD to be included in food, beverage, and cosmetics products without restrictions, but the bill was held. Until the bill is passed and signed by the governor, California’s laws surrounding hemp-derived CBD and CBD oil remain consistent with the FDA.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
The 2018 Farm Bill legalized hemp cultivation and created a clear pathway to remove some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight, while marijuana is classified as cannabis that contains more than 0.3% THC. As a result, hemp-derived CBD was descheduled by the bill, but because marijuana is categorized as a Schedule 1 substance, CBD that is derived from the marijuana plant is still considered federally illegal. While hemp is now considered an agricultural commodity under the 2018 Farm Bill, it still must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.
Once that information is received, samples will be collected by the commissioner or an approved third-party for testing. All labs must have an International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) 17025 accreditation and use a validated method for total THC analysis. Any industrial hemp crop that doesn’t meet testing requirements will be destroyed.