Updated: Jan 3
CBD stands for Cannabidiol, a compound extracted from the hemp plant. CBD is one of the unique compounds found in cannabis, known as cannabinoids.
The most common are CBG - cannabigerol, CBC - cannabichromene, CBD - cannabidiol, Δ9-THC and CBN - cannabinol. Cannabinoids are known to promote health and to help manage stress.
There are several common CBD concerns: Is CBD marijuana? Will CBD make me high?
CBD is not marijuana and CBD oil will not make you high or hallucinate. CBD is non-psychoactive and is tested safe. Moreover, CBD can even neutralize the psychoactivity of THC, the component of marijuana that actually makes you feel “high”.
Hemp and Marijuana
Marijuana and hemp come from the same plant family, Cannabaceae. Marijuana generally has a high level of THC (more than 0.3% by dry) and is used for medicinal or recreational purposes and can induce psychotropic or euphoric effects on the user. Therefore, CBD extracted from marijuana is currently illegal in most states.
Hemp contains a negligible amount of THC and hemp extracted CBD is used in dietary supplements (great protein source), skin products, clothing, paper and more. As long as CBD extracted from agricultural hemp contains less than 0.3% THC, it is legal under federal law.
Even though hemp and marijuana are both from cannabis family, they have different appearance and chemical makeup.
Is CBD Hemp Oil Legal?
Under the 2018 Farm Bill, hemp and hemp derived CBD have been permanently removed from the federal Controlled Substances Act and are no longer considered illegal by the DEA as long as they contain less than 0.3% THC. (§ 297A) Industrial hemp was removed from the definition of “marijuana” in the CSA. Moreover, THC contained in industrial hemp will be removed from the purview of the CSA and industrial hemp plants will be permitted to be grown domestically as well as imported. Some legal hurdles regarding CBD as a dietary supplement are still not fully resolved.
According to the 2018 Farm Bill:
-Hemp is now permanently removed from the Controlled Substances Act (CSA). Hemp is deemed an agricultural commodity and is no longer mistaken for marijuana.
- Redefined hemp as "extracts, cannabinoids and derivatives," Congress has removed hemp products (such as CBD) from the CSA. (§ 297A)
- The DEA no longer has any possible claim to interfere with the interstate commerce of hemp products. (§ 10114)
- While State and Tribal governments may impose separate restrictions or requirements on hemp or hemp products, they can't interfere with the interstate transport. (§ 10114)
- Hemp farmers may now finally access needed crop insurance (Title XI) and fully participate in the USDA programs for certification and competitive grants. This is a huge win for farmers.
The FDA continues to exercise jurisdiction over the regulation of topical hemp products.
- CBD derived from hemp is no longer considered illegal by the DEA as long as it contains less than 0.3% THC. However, CBD derived from marijuana is still not legal on the federal level, nor are CBD products containing more than 0.3% THC.
*U.S. Hemp Roundtable