Is CBD Oil Legal?
Answering the question “is CBD oil legal” is complicated because you must consider local law, federal law, and varying federal laws. The quick and dirty answer is that on the federal level, according the the DEA, CBD is not legal. This ruling is because CBD is made from cannabis plants.
“…the DEA is hereby amending 21 CFR 1308.11(d) to include a new subparagraph (58) which creates a new code number in Schedule 1 as follows:
(58) Marihuana Extract —7350
‘Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.’” (see this for the full DEA ruling)
However, the tricky thing about CBD extract oils is that they can be made from hemp, industrial hemp, cannabis, and marijuana. Interestingly, CBD can also be extracted from hops.
Types of CBD
Understanding the confusion around the question are “CBD extract oils legal” involves an understanding of the different types of CBD and from what they are derived. The two popular “classifications” of CBD are: CBD made from marijuana or CBD derived from industrial hemp. When CBD is made from marijuana, it is indisputably not legal federally. However, if hemp CBD products are made from industrial hemp and contain less than 0.3% THC (the psychoactive part of the plant), then CBD is governed by a different legal guideline and is considered a legal product. I say this with an asterisk, because as we learned above, there are written rules designating CBD as a Schedule 1 drug.
This distinction indicates that CBD made from HEMP (specifically, industrial hemp) which contains less than 0.3% THC is legal and CBD with more than 0.3% THC and/or extracted from a marijuana plant is illegal.
To reiterate and splice it a different way, the law states that “all extracts made from the genus Cannabis plants are illegal.” But Britannica states, “Hemp, (Cannabis sativa), also called industrial hemp, plant of the family of Cannabaceae cultivated for its fibre (bast fibre) or its edible seeds. Hemp is sometimes confused with cannabis plants that serve as sources of the drug marijuana and the drug preparation hashish.” (italics added for effect)
It certainly is a confusing topic, and not merely for the lay person. Politicians, government officials, doctors, and just about everyone else have questions about the interpretation of hemp. Others wonder whether it is on par with it’s illicit cousin marijuana.
The following two news reports illustrate this confusion by revealing that law enforcement officials are just as unsure:
The following video from February 2018 pertains to both the national rules about CBD oil legal-ities and those of Texas:
People often say the bottom line in evaluating “is CBD oil legal” seems to be the determined by the presence — or lack of — THC. This high-inducing cannabinoid is what differentiates legal CBD from that which is illegal. CBD made from industrial hemp often has trace amounts of THC (it must be less than 0.3% to be considered “trace amounts”). The video above doesn’t comment on whether “trace amounts of THC” make it illegal and whether this gray area would be enforced, if it is illegal.
Additionally, this following news report from November 2017 provides an interesting look into some of the alleged benefits of CBD. This report also investigates its legality in Indiana and federally.
Furthermore, a DEA representative explained that while it is indisputable on a federal level that CBD is not legal in all 50 states, there are bigger problems on the DEA’s radar. The opioid crisis in the U.S. has the DEAs attention, far more than CBD. Yes, some local authorities are evaluating whether businesses should sell CBD. But more often than not, people in authority are choosing not to enforce regulations around CBD.
NOTE: ALL hemp CBD products sold in this online CBD oil store have between 0.0% and 0.3% THC. You will NOT get high, and according to many opinions, it is legal in all 50 states.