Is CBD oil illegal?

Here's a great article by Delancey Street, a premier provider of financial services and solutions. Recently, they have helped a number of cannabis companies with reverse mergers and hard money transactions.The legality status of CBD oil in the United States is pretty confusing. If you pay attention to or know about CBD, you might have heard anything from it being legal throughout the country to it being highly illegal and stores get raided and prosecuted for selling it. If you don't know much about CBD oil, that's fine too because we are going to discuss that as well. In this article, we are going to talk about CBD oil in general and answer the question of whether or not it is illegal in America.

What is CBD oil?

CBD, also known as Cannabidiol, is an active compound found in the hemp plant. Hemp isn't the same as your typical marijuana plant which is known as Cannabis Sativa, but it is closely related. Unlike marijuana, hemp does not contain high levels of THC which is the active compound that is responsible for the 'high' people get from smoking pot. You will not get high from consuming CBD alone, as it is completely non-psychoactive. While only CBD is found in Hemp, CBD and THC both are the most prominent compounds in the Marijuana plant. The two compounds work well together, but they each have their own effects as well. Recent studies have shown that CBD is useful for treating a number of physical and mental issues ranging from epilepsy to anxiety. All that to say, what exactly is the legal status of this oil, considering that it is derived from hemp and found in Marijuana?

Food Supplement Status

When CBD oil was first introduced into our society, the food and drug administration classified it as a dietary supplement, meaning that it was technically legal throughout the country. Only recently has the FDA decided that both THC and CBD respectively, are excluded from the dietary supplement definition and will no longer be classified as such. On top of that, the DEA decided to classify all "marijuana extracts" including CBD oil as schedule 1 drugs in 2016, making CBD oil technically illegal at the federal level.

Federal Level VS State

So if CBD is illegal at the federal level, does this mean that it is illegal to use no matter where you live? Not exactly. Just like the laws regarding medical and recreational marijuana, the legal status of CBD can vary greatly from state to state. With that being said, many states are taking matters into their own hands and passing laws specific to the consumption of CBD. Lets talk about a few states that have passed specific laws regarding CBD consumption.

Alabama: In 2014, Alabama passed Carly's Law which protects those suffering from epilepsy and other serious illnesses from being prosecuted for consuming or possessing CBD oil. A doctors referral may be required.

Georgia: Haleigh's Hope Act passed in 2015 in Georgia and allows patients suffering from debilitating diseases such as cancer and ALS to use CBD oil as long as it contains less than 5% THC.

Indiana: In 2017, the governor of Indiana passed a law which allows for the use of CBD oil with less than 0.3% THC. A year later in 2018, the sale and distribution of low-THC hemp oil became legal for certain stores.

Iowa: Iowa passed laws in 2014 and 2017 that allow for the legal use and doctor recommendations for use of CBD oil.

Kentucky: Kentucky's governor Steve Beshear passed laws that excluded CBD oil from the illegal list of "marijuana extracts".

Mississippi: Harper Grace's Law was passed in Mississippi in 2014 which allows for the use of CBD oil with less than 0.5% THC.

Missouri: In July of 2014, Missouri passed laws allowing the use of CBD oil with less than 0.3% THC.

Oklahoma: Oklahoma passed Katie's Law in 2015 which allows for the treatment of severe forms of epilepsy with CBD oil that has less than 0.3% THC.

For more specific state laws, click here.

While these states are a part of the 17 that have specific laws regarding CBD oil, says that there are 29 states who have fully legalized the use of CBD products so long as the THC content is exceptionally low. These states are: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana,, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia

If your state doesn't have a specific law regarding CBD and also isn't included in the list of states who have legalized it entirely, it could mean that CBD is illegal in your state. With that being said, CBD is certainly not legal in all 50 states and you should check here to see what the laws are in your state.