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Are There Any Laws Regulating The Use Of CBD

Are There Any Laws Regulating The Use Of CBD

Knowing The Laws Regulating The Use Of CBD

Many who have used CBD swear by their health benefits, and it’s no secret that the therapeutic properties of CBD are being tested and confirmed by scientists and health practitioners around the world. Despite all of the buzz and the increasing popularity of CBD, however, many are still very curious about it – what are the laws regulating the use of CBD

Is CBD the Same as Marijuana?

Though CBD is one of many phytocannabinoids produced by the cannabis plant, it is often most commonly (and erroneously) associated with one other product in particular. Many hear the word “cannabis” and immediately make the association with marijuana, which also contains a phytocannabinoid called THC. In fact, CBD and marijuana function and interact with the body very differently. While it is true that both CBD and THC have therapeutic properties and medicinal value, unlike THC, CBD because of the low levels of THC, does not make the user feel “stoned” or otherwise intoxicated. The two compounds act in separate ways on different receptors in the brain and the body. Many reputable CBD providers, like Palm Organix for example, are able to provide 100% pure zero THC products as a result of the safe, stringent, and high-quality production methods used by its producer.

Nevertheless, because of the association often made between CBD and marijuana, and because many who take nutritional supplements are understandably curious about what laws, if any, regulate the product they are considering, it is a question worth investigating and answering thoroughly.

What Is the Legal Status of CBD?

In light of the increasing popularity of CBD, many state legislatures have recently turned their attention to this product and the legality of its use. While the legal status of CBD is becoming increasingly more defined as a result of recent reforms, it can be hard to filter through all of the information to determine what is fact and what is fiction. Ultimately, the legality of CBD can vary from state to state and on a federal level. In general, however, one of the determining factors of whether CBD is legal is whether the CBD is derived from hemp or marijuana. Though hemp and marijuana are very close relatives, there are distinct differences that are important to understand when it comes to the legality of CBD.

As members of the same family, hemp and marijuana share many similarities – particularly on a visual level. At first glance, it might even be difficult to tell the two apart. A key difference, however, is that marijuana has vastly higher amounts of THC than hemp. Hemp produces only an extremely trace amount of THC (less than .3%), while marijuana can produce an abundance of it – up to 30%, in fact. How does this affect legality? The short answer is that hemp-derived CBD is generally legal in most states – as long as it is produced in accordance with the parameters set forth by recent legislation.

The Agricultural Improvement Act of 2018 (Farm Bill Act), which was recently passed, removed hemp as an illegal Schedule One substance and reclassified it as an agricultural commodity. In order for the hemp, from which the CBD is extracted, to meet those qualifications, it must:

  •       Contain less than .3% THC;
  •       Adhere to shared state-federal regulations; and
  •       Be grown by a properly licensed grower.

Thus, if hemp-derived CBD meets these standards, it is federally legal. If the CBD is marijuana-derived, however, legality is more complex. Certainly, if a state has legalized marijuana generally, then CBD products of all varieties are also legal[1]. Even in those states where recreational marijuana use is illegal, however, the vast majority (all but three[2]) have approved the usage of marijuana-derived CBD for medical purposes. Requirements for that usage will vary by state, of course, so it is always appropriate to research the exact legal requirements in your state prior to using marijuana-derived CBD.

The good news is that many companies, such as Palm Organix, produce pure, simple CBD products from hemp, carefully sourced, to meet federal requirements and to be completely free of even trace amounts of THC. In those states, users can have the peace of mind knowing that they are receiving the health benefits they desire without any legal concerns or worries they might not.

Is CBD Regulated by the FDA?

As CBD is a relatively new addition to the health and wellness world, the FDA is still developing a thorough regulatory framework for its various uses. The 2018 Farm Bill did explicitly preserve the FDA’s authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic (FD&C) Act and section 351 of the Public Health Service Act. The FDA has recently acknowledged the strong interest and potential benefits of CBD products and is working to hold a hearing to further address its role in regulating the product. This is as CBD continues to gain increasing popularity among many who believe it to be a significant part of their health and wellness journey.

Finding a Pure Provider

As with any product, the efficacy, safety, and benefit of CBD is only as good as the hemp it is sourced from and the standards used by its provider. While it is important to understand the legality of using a product, it is equally important to understand and care about the type of product you are ultimately using. Finding a provider, like Palm Organix, that can guarantee the pure, safe, and beneficial CBD product you’re looking for is a critical step in ensuring that you achieve the results you want. Of course, it is also wise to check the state laws where you live to verify that the products you are using comply with the regulations specific to your locality. After having done so, you can begin your health and wellness journey with optimism and peace of mind for a healthier, happier you. Contact us today.

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