Legality of CBD Oil

The debate on the legality of medical marijuana, recreational marijuana, and any cannabis-related products has been a long and gruesome one. All over the world, the correlation between medicinal uses – as well as safe recreational use – is being studied in order to decide for certain whether this seemingly strange plant and its variants should be allowed for any kind of consumption.

According to the United State Food and Drug Administration (FDA), while the authority fully understands the growing medical use of marijuana and marijuana derived products, its issue is with drugs and companies that are using it in a way that goes against the safety and health laws that the FDA closely enforces.

Over the last few years, the FDA has also issued multiple warning letters to pharma and drug companies that are said to contain CBD, but have been discovered to convey the wrong amount contained in them. As a result, the use of CBD in products has become a closely monitored case.

Selling vs. Buying: The Loopholes in the Legality of CBD Products

 In 2018, a revised bill was passed – the Farm Bill – which lifted restrictions on hemp-derived products (including CBD oils). However, despite this legal leeway, there has been a major crackdown on companies that sell products containing CBD oil.

As PBS astutely explains it, it is possible for a hemp plant to start off with the purpose of creating CBD. But cross pollination and contamination from the growing, extraction, and packaging facility can sometimes lead to THC sneaking into the CBD oil (THC being the product that makes CBD and marijuana products illegal).

Naturally, one would then have to assume that purchase of pure CBD oil is perfectly legal. Seabedee’s CBD products are legal in all 50 United States.  Because we derive our high-quality CBD from hemp, and CO2 extracting all detectable levels of THC.

This is not entirely true. The purchase of any hemp-derived CBD product with a THC level below 0.3% is legal. However, the DEA has classified CBD as a controlled product. So, as a result, some states only allow purchase of CBD with a prescription. Moreover, since the FDA has unapproved the sale of non-FDA approved products containing CBD, aside from the drug Epidiolex, technically the sale of any CBD product would be considered illegal and as free ground of the FDA to go after.

State vs Federal Law and its Effects on the use of CBD Oils

Another factor that can be quite confusing to potential consumers of CBD oil, is the distinction between individual state laws and federal laws of the United States.

According to federal law, the sale of products with CBD oil is illegal. However, some states consider CBD oil products to be entirely illegal. These states, as of November 2019, are Idaho, Nebraska, Indiana, South Dakota, Kansas, and West Virginia.

On the other hand, many states have legalized the use of CBD oil, ranging from legal sale, to controlled sale. For example, in the state of Georgia, CBD oil with THC less than 5% is allowed for the treatment of a variety of ailments. There are 33 states that have passed different kinds of laws and legislations on the use of medical marijuana, and 16 others have allowed low-level THC CBD use even though marijuana is not allowed.

The Bottom Line on the Legality of CBD Oil

There is no definite and final answer to the question “Is CBD legal?”. There are far too many variants and factors that go into giving an answer, and everything is dependent on a case by case situation. But a positive outlook and answer is this: yes, CBD is legal under very specific conditions.

A good way to determine whether your purchase is legal and safe, is to fully understand the case that you fall under. Familiarize yourself with the state laws that apply to your supplier/pharmacy and yourself. Recognize the need that you are addressing with the product, and obtain a prescription if required. Some states, like California, require a marijuana consumption ID – so, if your state requires one, then it’s good to obtain it along with the prescription. And lastly, since the biggest ball in the air is about THC, do full research on the ingredients and sourcing of your CBD oil.