Is CBD Legal?

CBD, short for cannabidiol, is a naturally occurring cannabinoid found in hemp and cannabis plants. As CBD products have become more widely available in the United States, one of the most common questions consumers ask is: Is CBD legal?

The answer depends on several factors, including the source of the CBD, the amount of delta-9 THC in the product, how the product is marketed, and the laws that apply in a particular state.

At the federal level, hemp and marijuana are treated differently under U.S. law. However, the legal status of a CBD product is not determined only by whether it comes from hemp. Federal regulations administered by agencies such as the FDA can also apply to CBD products.

Is CBD Legal in the United States?

Under the 2018 Farm Bill, hemp was removed from the federal Controlled Substances Act’s definition of marijuana. Federal law defines hemp as Cannabis sativa L. and its derivatives, extracts, cannabinoids, and other parts of the plant containing no more than 0.3% delta-9 THC on a dry-weight basis.

This change created a federal distinction between hemp and marijuana based largely on delta-9 THC concentration.

However, this does not mean that every CBD product is automatically legal in every situation.

CBD products can also be subject to federal food, drug, supplement, labeling, and other regulatory requirements. The FDA states that products containing cannabis-derived compounds, including CBD, remain subject to the Federal Food, Drug, and Cosmetic Act.

What Did the 2018 Farm Bill Change?

The Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, established the federal definition of hemp and removed hemp meeting that definition from the federal controlled-substance framework.

Under the federal definition, hemp must contain no more than 0.3% delta-9 THC on a dry-weight basis. This includes certain hemp-derived cannabinoids, extracts, and other derivatives.

The law was an important change for the hemp industry, but it did not create a blanket approval for every type of hemp-derived consumer product.

Hemp vs. Marijuana

The terms hemp and marijuana are often used interchangeably in everyday conversation, but U.S. federal law distinguishes them.

Hemp:

Cannabis sativa L. and qualifying derivatives containing no more than 0.3% delta-9 THC on a dry-weight basis.

Marijuana:

Cannabis that falls outside the federal definition of hemp because it exceeds the applicable delta-9 THC threshold, subject to applicable federal and state laws.

The USDA explains that hemp and marijuana come from the same genus, but federal law distinguishes them based on the applicable THC threshold.

Is Hemp-Derived CBD Legal?

Hemp-derived CBD can fall outside the federal definition of marijuana when it comes from legally defined hemp and meets the applicable federal requirements.

However, “hemp-derived” does not automatically mean “approved by the FDA.”

The FDA has stated that it retains authority over products containing cannabis-derived compounds, even when those products qualify as hemp under the 2018 Farm Bill.

This distinction is important when evaluating CBD oils, gummies, capsules, cosmetics, beverages, and other CBD products.

What Does the FDA Say About CBD?

The FDA regulates products containing CBD under the Federal Food, Drug, and Cosmetic Act.

According to the FDA, CBD and THC products cannot currently be marketed as dietary supplements under the federal framework described by the agency. The FDA also states that introducing food containing added CBD or THC into interstate commerce is prohibited under applicable provisions of federal law.

The FDA has approved a prescription drug containing purified CBD for specific seizure disorders. That approval does not mean that other CBD products have been evaluated or approved by the FDA for treating diseases or medical conditions.

For this reason, consumers should be cautious about products making claims that CBD can diagnose, treat, cure, or prevent a disease.

Is CBD Legal in Every State?

No. CBD laws can vary from state to state.

Federal hemp legislation created an important nationwide framework, but states can establish additional requirements concerning hemp-derived products, cannabinoids, THC limits, testing, labeling, sales, and product categories.

Some states may have requirements that are stricter than the federal framework. Rules can also change as states update their cannabis and hemp regulations.

If you are purchasing or using CBD, check the current laws and regulations in the state where the product will be possessed, used, or sold.

Does CBD Contain THC?

CBD itself is not the same compound as THC.

However, some hemp-derived CBD products may contain naturally occurring THC, depending on how the product is formulated and processed.

For this reason, consumers should look beyond the word “CBD” and review the product’s cannabinoid profile and laboratory testing information.

Products described as full-spectrum CBD may contain multiple naturally occurring hemp compounds, including a small amount of THC when permitted by applicable law.

Broad-spectrum CBD is generally formulated to contain multiple hemp compounds while removing THC, although consumers should still review the product’s current laboratory results rather than relying only on marketing terminology.

CBD isolate is formulated around CBD without the other naturally occurring cannabinoids typically found in full-spectrum extracts.

Why Third-Party Lab Testing Matters

When purchasing CBD products, transparency is an important consideration.

A current Certificate of Analysis (COA) from an independent laboratory can provide information about the cannabinoid profile of a product and may help consumers understand what is actually present in a particular batch.

Depending on the laboratory and product, testing may include information about:

• CBD and other cannabinoids
• Delta-9 THC
• Additional cannabinoids
• Terpenes
• Heavy metals
• Pesticides
• Microbial contaminants
• Residual solvents

Consumers should look for testing information that corresponds to the specific product and batch whenever possible.

Is CBD Legal to Buy Online?

The ability to purchase a CBD product online does not by itself establish that the product is legal in every jurisdiction.

Online CBD sales can involve federal requirements as well as the laws of the state where the product is sold, shipped, or received.

Before purchasing, consumers should consider:

1. Whether the product is hemp-derived.
2. The product’s delta-9 THC concentration.
3. Whether current third-party laboratory testing is available.
4. The applicable federal requirements.
5. The laws and restrictions in the destination state.
6. Whether the product makes prohibited medical or therapeutic claims.

Are CBD Gummies Legal?

CBD gummies and other edible CBD products require additional consideration.

The federal legal