For decades, laws had grouped hemp and marijuana in the same category, conflating both plants and confusing the public. All of this changed in 2018 with the passing of the Agriculture Improvement Act. Also known as the 2018 Farm Bill, the new legislation removed hemp from the federal definition of marijuana and reclassified it as an industrial commodity. In other words, the bill made hemp legal at the federal level and established it is to be regulated by The Department of Agriculture rather than the Drug Enforcement Agency. As a result of the bill, hemp and hemp-derived products are completely legal nationwide, though individual states may still impose minor restrictions.
THC is found in large quantities in cannabis, or what most people think of as the marijuana plant. Unlike cannabis, or marijuana, hemp contains low concentrations of THC. CBD Oils are generally made from the hemp plant so they contain high levels of CBD and trace levels of THC. As a result, CBD provides a less controversial alternative to THC for health benefits.
Is CBD Legal? Marijuana-derived CBD products are illegal on the federal level, but are legal under some state laws. Hemp-derived CBD products (with less than 0.3 percent THC) are legal on the federal level, but are still illegal under some state laws. Check your state's laws and those of anywhere you travel. Keep in mind that nonprescription CBD products are not FDA-approved, and may be inaccurately labeled.
And now, onto the thorny issue of legality. The simple answer to the question is yes — if it is extracted from hemp. The 2014 Farm Bill established guidelines for growing hemp in the U.S. legally. This so-called “industrial hemp” refers to both hemp and hemp products which come from cannabis plants with less than 0.3 percent THC and are grown by a state-licensed farmer.
CBD hemp oil has a number of uses and comes in many forms including capsules, tinctures, sublingual supplements, liquid oil, oil as a paste, sprays, salves, creams and in edible forms, such as candies or sweets. You can also inhale CBD oil from vapor-releasing pens, similar to the technology for e-cigarettes. This variety also provides a lot of controlled flexibility in terms of concentration, making CBD hemp oil useful and desirable for people of all ages, economic means, and personal needs.
As of May 2017, however, you will find the addition of "Marihuana Extract" in the Texas Register [PDF] (not the Health and Safety Code) by the order [PDF] of the Commissioner of the Department of State Health Services. That order is what the Tarrant County District Attorney is using as a basis to prosecute CBD oil possession cases at the misdemeanor level.
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.
There are 33 states with laws specifically regulating Hemp to include: Alabama, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.
But it also requires careful research before making a purchase. Because the cannabis plant readily absorbs pesticides, heavy metals and other chemicals that are in the soil and water, it’s so important that cannabis plants are frequently tested while they are growing. And it’s up to manufactures to test CBD products, too. When you are shopping for CBD oil, look for products that have been tested for contaminants and for CBD vs. THC levels.
While no one can answer this question with absolute certainty, recent studies indicate that CBD might have no negative side effects at all. Until research proves otherwise, the legal status of Cannabidiol is safe and will remain unchanged for the foreseeable future. Therefore, it seems that you can safely consume CBD without worry as long as it contains only traces amounts of THC (like CBD Supplements made from hemp not marijuana).
This means that CBD oil products that are derived from these “not marihuana” parts of imported hemp plants are not federally banned, and the natural cannabinoids in hemp-derived products are exempt from DEA enforcement. While hemp cannot be legally cultivated in the U.S. except under state-regulated programs, hemp-derived oil has been a legal import in the U.S. for decades.