President Obama’s execution of the Agricultural Act of 2014 is an integral piece to CBD oil’s legality. If a plant is deemed legal (where the determining factor is a THC level under .3%) that then makes all products made from the source material legal as well. Did you ever wonder why your hemp lotion 15-20 years ago was legal but “smoking a little weed” wasn’t? In this case, it’s all about the THC levels your plant doesn’t have.
Armentano pointed to several pieces of evidence as proof that CBD has always been treated as illegal at the federal level. Congress has tried and is currently trying to pass bills to remove CBD from the Controlled Substances Act—which would be unnecessary if the compound were already legal. Further, the Controlled Substances Act itself specifies that the government has the right to control substances that are chemically similar to the ones explicitly listed.
In Georgia, for example, the legislature passed a law in 2015 that made legal possession of up to 20 ounces of CBD for patients with qualifying conditions like seizure disorders and multiple sclerosis. The law does not, however, set up any supply infrastructure—there are no licensed dispensaries or producers. Recently, the Georgia legislature passed a compromise law that includes Alzheimer’s disease, AIDS, autism, epidermolysis bullosa, peripheral neuropathy, and Tourette’s syndrome in the list of diseases that can be treated by CBD—as long as that CBD oil has no more than 5 percent THC.