Last year was filled with progress and accomplishments, but as 2020 is now well underway, the big question still remains amongst many individuals: Is CBD legal?
The short answer: Yes, CBD is legal, but… under very specific conditions.
While the legal status of CBD has become more defined with recent reforms, some laws are still unclear and others may still be needed. Combined with misinformation, many may have a very skewed understanding of what’s legal versus what isn’t.
Is CBD legal in all 50 states? It depends.
While the two plants are very close relatives, they are classified very differently under the law and understanding the difference is crucial to legally use CBD.
Legality of hemp and marijuana
Hemp and marijuana are both terms used to describe different varieties of Cannabis and both can produce an abundance of CBD.
As members of the same family, hemp and marijuana share many visual similarities, but at a chemical level, the two plants have vastly different amounts of Tetrahydrocannabinol (THC), the intoxicating compound found in Cannabis.
While hemp is characterized by producing a nearly non-existent amount of THC (less than 0.3%), marijuana can produce an abundance of THC (up to 30%). Because of its high THC-content, marijuana may induce severe mind-altering effects when consumed and is federally illegal in the United States and many other countries.
Is hemp CBD legal?
In 2018, President Trump passed the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), which removed hemp as a Schedule I substance and reclassified it as an “agricultural commodity.”
A common misconception about the 2018 Farm Bill is that it legalized CBD regardless of if it was derived from hemp or marijuana. This is not true.