Is CBD Legal in the U.S.?

is cbd legal

Is CBD Legal in the U.S.?

Chances are if you’re reading this article, you’re one of the millions of people who’s recently heard about CBD. You see it at CVS pharmacy, grocery stores, salons, spas, and in the news. CBD is everywhere. The question keeps coming back, “Is CBD legal in the U.S.?” Well, you’re in luck – we’re going to fully dive into CBD and the legality in the United States.

Before we get into if CBD is legal in the U.S., we’d like to inform those of you who don’t fully know what CBD is.

What is CBD?

CBD is short for cannabidiol. CBD is one of over 100 chemical compounds found in the cannabis plant called cannabinoids. CBD is similar to its cousin THC in some aspects. CBD, though, unlike Tetrahydrocannabinol (THC – the primary psychoactive element in marijuana), CBD is non-psychoactive. 

What does this mean for you? CBD doesn’t cause the “high” feeling like marijuana has so we can bust that myth right now.

All variations of the cannabis family produce cannabinoids, especially hemp. As well-known cannabinoids, most of us know about CBD and THC, but there are still many other types.

CBD has been used repeatedly by people who seek out a happier and healthier lifestyle. Although there have been many health benefits that have recently come to surface, the FDA (U.S. Food and Drug Administration) does not stand behind such claims as they lack much research.

What is CBD Oil?

To get your daily CBD in, one of the most popular forms of CBD is CBD oil. By extracting the compound from the premium industrial hemp plant, you can produce CBD oil. Next, it is mixed together with a carrier oil to form a tincture. Manufacturers currently use two popular ways to accomplish this. Some experts agree that the method known as CO2 extraction produces the highest-quality CBD, while the others are preferring to extract CBD utilizing an ethanol method. Both the Co2 extraction and ethanol methods are capable of crafting a safe and quality finished product. 

Can CBD Get You High?

A lot of questions have been going around about if CBD can get you high or not since it is so close to its cousin, marijuana. Tetrahydrocannabinol (THC) is the cannabinoid responsible for creating the “high” feeling that cannabis is well-known for. A lot of people don’t want to experience the mind-altering effects or “high” that comes with using cannabis. This is what makes cannabidiol (CBD) such an attractive option for the masses. CBD is non-psychoactive. What this means is that it doesn’t get you high so that you can carry on your day worry-free.

What Federal Laws Say about CBD

When looking to see if CBD is legal in the United States, there are two things to look for. One is what the federal government says, and two is what each state or city says.

The federal government recognizes both hemp and marijuana as forms of the Cannabis Sativa plant. Hemp contains high levels of CBD (cannabidiol) and fewer levels of THC, making it non-psychoactive.

The 2018 farm bill was enacted in December of 2018. This bill removed hemp (not cannabis) from the list of prohibited substances, which is now classified as an agricultural commodity, and so are the products made from it. 

CBD that contains less than 0.3% THC that was grown by a licensed producer according to the federal regulations is legal.

What State Laws Say about CBD

Although hemp-derived CBD is now federally legal, some cities and states have updated their laws regarding CBD. States have been taking their own stances on whether or not to ban CBD products. In a majority of the United States, CBD is legal; however, in states like Idaho, Nebraska, and South Dakota, CBD is still illegal. Make sure to continually check if CBD is legal in your state as these state laws are frequently changing.

Is it safe to travel with CBD?

With The Transportation Security Administration (TSA) changing its policies regarding CBD back in May 2019, select forms of CBD have been cleared to fly the friendly skies. 

Huffington Post stated that the TSA would allow CBD (in both hemp-derived CBD products and medications that have CBD) in checked luggage and carry on luggage. 

While you can now fly with CBD for certain products, THC is still federally illegal. Right now, it’s still hard to differentiate if a CBD product came from marijuana or hemp and how much THC is actually in it.

In select states that are still illegal under state law, Customs and Border Patrol (CBP) may refer the case to local or state police. 

Therefore, we recommend doing your homework to see if CBD is legal to the state you’re coming from and also the state you’re going just to be safe since TSA officers must report passengers that are carrying THC. You don’t want to be caught with a CBD-infused product that also contains THC. 

You can go to individual product pages on our site to view the COA (Certificate of Analysis) to view the CBD potency of all our products to be an educated consumer before traveling.

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