The legality of CBD oil is still very much a grey area in most states in the US. While its less psychotropic counterpart hemp oil is legal in all states, CBD oil doesn’t enjoy that kind of status. Not yet, anyway.
Hemp has a history of heavy regulation in the US, dating back to the Marihuana Tax of 1937. The regulation was tightened even more with the passage of the Controlled Substances Act of 1970 which effectively rendered hemp farming next to impossible to do in the US.
Increased lobbying by farmers led to a loosening of restrictions primarily through the Agricultural Act of 2014, signed by President Obama. The 2018 Farm Bill opened the gates to hemp CBD availability even wider, albeit with certain restrictions. For one, the growing and transport of hemp plants across state lines must be in accordance with agreements and regulations established between the state and the federal government.
The two sources for CBD oil are hemp CBD products from industrial hemp and marijuana CBD products made from medical marijuana. The former is legal and widely available online and from various dispensaries. The latter may be available in certain states where it is legal.
Both are used for a number of purposes. The latter is used mainly for its medical qualities, especially as a treatment for pain relief. Because regulated CBD oils are required to contain a specific level of THC, these oils are used for their therapeutic benefits without the effect of getting high that is often associated with marijuana.
Hemp-derived CBD
Hemp-derived CBD is largely taken from the Cannabis sativa plant. Hemp-derived CBD has been legalized nationwide since the passing of the Agricultural Improvement Act or the Farm Act which was signed by President Trump in 2018. This means that hemp is officially recognized as a legal agricultural product and allows farmers to grow and transport hemp across state lines.
Hemp is defined under the law as the cannabis plant, the same plant that produces marijuana. However, the accepted hemp products under this law cannot contain more than 0.3 percent of THC, the compound in marijuana responsible for getting users high.
Hemp-derived CBD, in short, cannot get users high. Any plant that contains more than 0.3 percent of THC and used to produce non-hemp cannabis or marijuana is therefore illegal. This is the reason why most of the products being sold today come from hemp plants. Also, marijuana cannabis plants are regarded to contain a lower percentage of CBD than hemp plants and a higher concentration of THC, making it the lesser ideal option for the production of CBD products for general use. Using marijuana plants in this regard would require producers to extract excess THC to ensure that the CBD content is within the legal limits.
This does not mean that CBD from marijuana is automatically illegal in all states. CBD marijuana with levels of THC exceeding the.3 percent limit may be legal if it is specifically legalized in a particular state.
Marijuana-derived CBD
Marijuana-derived CBDD is not legal on the federal level. While it is derived from either Cannabis sativa or indica plants, it refers to cannabis that contains more than .3 percent and more of THC. This means that it may provide increased levels of effectiveness for certain types of health conditions. It may also be able to provide high cannabinoid levels with a small application, making it applicable for those using CBD for pain.
However, due to its high THC content, marijuana-derived CBD may come with certain side effects that are not present in the hemp-derived variety. It may also cause the user to feel the euphoric high that marijuana is known for.
The legality of marijuana-derived cannabinoid depends on state laws. However, because it is not legal on the federal level, it cannot be transported across state lines. Officially, marijuana CBD is classified as a Schedule 1 drug and therefore illegal.
Marijuana-derived CBD contains that same CBD that may be found in hemp-derived marijuana. However, while hemp-derived CBD is widely available, marijuana-derived CBD may only be available in regulated dispensaries. It is also common to see marijuana-derived CBD used for medical purposes and subjected to rigorous testing and quality inspections. Only those who hold medical cards can legally obtain marijuana-derived CBD for medical use.
Hemp CBD vs. Marijuana CBD?
One of the most common questions users face is whether to go with one or the latter especially if they live in a place where both are legal. Experts recommend starting with hemp-derived marijuana since this offers a certain number of therapeutic benefits. The regulations imposed on hemp-derived CBD also means that users are protected from the side effects that excessive levels of THC may produce in the body.
However, for those who need a stronger dose of THC or CBD, such as those suffering from certain ailments, the higher levels of THC or CBD in marijuana-derived CBD may be more appropriate. It is important to ensure beforehand that the use of marijuana-derived CBD is legal before using the substance.