Every U.S. state allows for the use of cannabis in some form, but each state’s laws are different. For example, Washington state law allows residents to legally consume CBD oil for recreational purposes, whereas South Dakota state law categorizes CBD as a Schedule IV controlled substance and allows citizens to use CBD only in forms that are approved by the Food and Drug Administration, e.g., Epidiolex.
Although cultures around the world have used cannabis for centuries, Americans are just now beginning to understand what cannabis and the chemical compounds in it do to the human body. Cannabidiol (CBD) oil, in particular, has become wildly popular for its alleged health benefits, but is CBD oil legal?
America’s relationship with cannabis is complicated. According to federal law, cannabis — including CBD — is still predominantly illegal, although there are exceptions. Even with the continuing federal prohibition of cannabis, most U.S. states have enacted their own cannabis-related laws. As such, CBD oils reside in a legal grey area.
Hemp vs. Marijuana
If CBD oil comes from hemp, it is federally legal. If CBD oil comes from marijuana, it is federally illegal. State laws, however, vary widely.
Both industrial hemp and marijuana are members of the cannabis family, but they are treated differently under federal law. Industrial hemp, as defined by the federal government, is cannabis that contains less than 0.3% THC by weight. Marijuana is defined as any cannabis that contains more than 0.3% THC by weight.
Cannabis is filled with chemicals. Arguably the most well known of these chemicals is tetrahydrocannabinol (THC). Whereas THC is largely responsible for cannabis’ “high," CBD does not result in a high. Supplement manufacturers are making CBD into many forms, including oils, tinctures, pills, and lotions. Some supposed benefits of using CBD include:
It depends. In terms of federal law, the legality of CBD oil depends largely on where the CBD came from and where it is being used, so it is important to understand some cannabis fundamentals.
Brandon McFadden receives funding from U.S. Department of Agriculture.
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.
Another big difference among hemp, marijuana and CBD is how the law treats them.
There is no standardized dosage of CBD. Some retailers may have enough knowledge to make a recommendation for first-timers. There are also online resources – like this dosage calculator.
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.
Earlier this week, late actor Irrfan Khan’s wife Sutapa Sikdar made an appeal to legalise CBD oil in India. Her appeal followed the criticism of actor Rhea Chakrabaorty after it was reported that she had administered CBD oil, used as a pain reliever for some, to Sushant Singh Rajput when he was alive. What is CBD oil? What are its effects? Is its use and consumption legal in India?
There is not enough robust scientific evidence to prove that CBD oil can safely and effectively treat cancer. A study from the European Journal of Pain showed that CBD applied on the skin could help lower pain and inflammation due to arthritis. CBD inhibits inflammatory and neuropathic pain associated with cancer. Studies have long shown that people who took marijuana extracts in clinical trials tended to need less pain medicine. The US-based National Cancer Institute says that CBD may help alleviate side-effects of cancer treatment.
CBD oil is an extract from the cannabis plant. The two main active substances in it are cannabidiol or CBD and delta-9 tetrahydrocannabinol, or THC.
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CBD is extracted from marijuana plants as either an oil or powder. These can be mixed into creams or gels. They can be put into capsules and taken orally, or rubbed on your skin. All topicals (cannabis-infused products) should be applied directly to the site of inflammation or pain to work in a specific area.
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) outlaws the recreational use of cannabis. The NDPS Act, however, does not apply to the leaves and seeds of cannabis plants. In case the CBD is extracted from the leaves of the cannabis, then technically it is not illegal. CBD oil manufactured under a licence issued by the Drugs and Cosmetics Act, 1940 can be legally used. However, the use of cannabis as a medicine is not much prevalent in India. The recent controversy about the use of drugs in Bollywood has further stigmatised the usage of CBD.