Is CBD Oil legal in the United States? Both yes and no. The newly passed 2020 Farm Bill legalizes the production and distribution of medical marijuana-related goods, such as CBD oil, on a national level if the plant is grown and distributed by state-regulated companies that meet specific requirements. But CBD oil itself is not yet legal on a national scale. This means that anyone who wants to grow it on their own need to look into whether they are breaking state law by growing it or not.
It’s important to note that under the current legislation, not all forms of CBD are considered legal. While the two forms most often seen on marijuana are CBD with its significant medical condition and THC, also with its significant medical condition, CBD without any medical condition is considered illegal, even if sold by a regulated retailer. This means that people growing and selling CBD with no prescription will have to seek a prescription from either a licensed physician or a pharmacist, or face penalties. Those selling CBD with a prescription will be subject to arrest and prosecution if their transactions are discovered by a pharmacist, a licensed physician, or law enforcement officials.
While the current legislation may complicate the issue of what is not allowed, it does not mean that those who are growing and selling CBD are breaking any rules. According to several sources, including the Marijuana Policy Project and the National Association of Boards of Medicine, there are currently no federal restrictions on the production, distribution, or sale of CBD. In some states, such as Montana, which did recently enact a law authorizing CBD by anyone over eighteen years old, and California, some CBD is still considered illegal due to the confusion over whether or not the substance was included in the Compassionate Use Act of 1996. The three states with the highest CBD consumption per person are Wisconsin, Louisiana, and Mississippi. Despite the confusion over whether CBD is legal in these states, many other states have not passed laws that directly address the legality of CBD.
One factor that complicates the issue of CBD legality in some states is the fact that in some states, including Ohio, there are separate laws addressing the manufacture, possession, and sale of marijuana. Because many people view CBD as an illegal drug, manufacturers and sellers frequently circumvent the state laws by shipping CBD through various different distribution channels. For instance, some distribution channels for CBD include personal growing and personal use, and others include the smoking of CBD. Because individual state laws vary, the actual distribution channels for CBD may vary as well, leading to a gray area for those trying to figure out whether or not CBD is legal in their state.
The fact that the United States government considers cannabis as a Schedule II drug – one of the most tightly controlled categories of drugs in the United States – makes it illegal to purchase, sell, or distribute across state lines. However, the Drug Enforcement Administration and the federal government have yet to outlaw CBD outright, leaving it legal for use by anyone over the age of 18 in accordance with the laws of their individual states. For example, in Florida, it remains illegal to smoke marijuana and in Colorado, it is illegal to grow more than six plants at any given time. While it is possible to buy CBD in state-legal forms such as capsules and oils, such purchases remain illegal.
CBD is believed to be useful in treating some medical conditions, including seizures and chronic pain, but it is not currently considered a valid treatment for any serious medical condition. According to a recent article in the New York Times, the only FDA-approved medical use of CBD is in the treatment of children who suffer from seizure disorders. The lack of FDA approval does not mean that CBD is not effective; rather, it means that further research is necessary to determine its efficacy and to establish whether further studies can make it legitimate as a treatment for medical conditions. Even though the lack of official approval for CBD does not mean that it is unsafe, it does mean that buyers should be wary of websites selling products that claim to contain CBD oil when the only thing the product contains is CBD oil.