Almost daily we hear more and more about the crazy world of CBD. From grandmas being arrested in airports, to farmers changing their crop to hemp and saving the family farm. Let’s break down a few interesting federal laws you should know about.
With the passage of the 2018 Farm Bill, the federal government has relaxed its laws governing the sale of cannabidiol or CBD oil in terms of being derived from hemp. This has helped to open up the CBD market across the US in states that have legalized the sale of cannabidiol. However, there is a considerable difference between federal and state laws due mostly to jurisdiction.
In other words, the federal government has limits on what it can and cannot do in terms of setting laws for each state. For example, some states have passed laws legalizing the sale of marijuana, but it is still a federal crime. In terms of cannabidiol, there are at least three interesting federal laws that apply to the sale and distribution of CBD products.
CBD Oil Cannot Be Sold as a Health Product
Despite some evidence that CBD has been known to help with many chronic health issues and even help in terms of fighting some of the side effects experienced by those who undergo chemotherapy, CBD cannot be sold as a health product. This is because the Food and Drug Administration (FDA) is the regulatory body that governs whether products can be sold as “health food” or not. Because they set the regulations, no CBD product can be sold with any promises about improving your health on the label. We haven’t yet seen to many crackdowns of the bad apples making outlandish claims, but if the Feds want to start, I’m guessing they won’t have to far to look to find some guilty lawbreakers.
Only the drug Epidiolex which contains CBD is approved by the FDA. The drug is used to help control seizures for those who have epilepsy. All other drugs, supplements, and even food cannot be advertised as a health product.
CBD Oil Cannot Contain more than 0.3% THC
While 0.3 percent of THC won’t really give anyone a buzz, it is still illegal for CBD manufacturers and resellers to have your THC levels below that amount. And just in case you didn’t grow up in the sixties or are a part of the newest millennial generation let’s talk a little bit about that famous active compound THC. THC, which is short for Tetrahydrocannabinol, is the psychoactive substance in cannabis or marijuana that causes the hallucinogenic effects. And like CBD, this popular compound is just one of the cannabinoids in the cannabis plant. So with the THC comes strict. Laws and regulations…even if it’s only as small as .3 percent. The sale of marijuana is against federal law, so any CBD that contains more than a trace amount is subject to that law. This was the regulation passed under the 2018 Farm Bill which lifted the restrictions on CBD oil derived from hemp.
However, the same bill also set a limit on how much THC could be present. Hemp itself normally contains little in the way of THC, but if it does contain more than 0.3% THC, then it becomes classified as marijuana which is illegal to sell under federal law. This is a contradiction compared to some states that have legalized the sale of marijuana, but the difference is in how the product is advertised.
CBD Oil Cannot be Derived from Marijuana
Marijuana can produce CBD just like hemp. However, while purified CBD from hemp that removes the THC is legal, purifying CBD from marijuana is illegal even if you remove all the THC. This is because marijuana plants are currently prohibited under the Drug Enforcement Administration (DEA). Such federal regulations are allowed under the commerce clause.
This is a clause in the US Constitution that allows the federal government to regulate the sale of items across state borders. However, even in states in which the entire process of growing, harvesting, packaging, and selling is within a state border, the sale of the product is still subject to federal law under the commerce clause.