CBD in the United States
USA has some particularly convoluted and confusing laws on CBD, primarily as each state can regulate and legally classify as they see fit. There are now ten states where marijuana is entirely legal. There are also 33 states where marijuana is legal for medical use. Which also includes cannabis oils. What’s more, some States make exceptions for patients with certain conditions to use CBD Oil, providing the oil has lower than the legally defined levels of <0.3% THC.
However, recent changes to The Farm Bill make hemp products much more legally available. Under Federal law you can now legally produce, buy, ship and use CBD in all 50 states, providing the product is derived from legally classified hemp originating from a federally licensed grower, and has less than <0.3% THC.
The only difference is the legal classification of the originating plant material. Hemp cannabis products in the U.S are required to contain <0.3% THC, so they won’t make you high or give you any psychoactive side effects.
However, the FDA is still in debate on how to regulate CBD/Hemp derivatives and currently deem CBD in foods to be illegal. This has caused Senators to urge the FDA to update regulations to ensure that U.S. producers and consumers have better access to CBD products. Due to this lack of guidance around regulations, many states are still deeming CBD to be marijuana and regulating CBD as such. Baffling, frustrating and very confusing. This isn’t common and is slowly heading in the right direction.
While cannabis-based CBD Oil laws can vary from state-to-state, hemp-based CBD products are much more available. In the past, states such as Texas barred the use of CBD. Until very recently Texas has now signed a bill to remove CBD from schedule 1 and moved it to schedule 5.
At this time, as many states are still behind with the legalities and feel CBD is still federally a schedule 1 drug, which is entirely wrong. At best, but yet not official, CBD isolates could be deemed a schedule 5 drug whereas a full plant extract is difficult to legally define as a drug or even fall under scheduling regulations, largely due to the FDA approving the isolate seizure drug Epidiolex
Definition of schedule 5: Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes.
Some examples of Schedule V drugs are:
Cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin. (source)
Many U.S States are currently trying to regulate, ban or stop the sale of CBD over the counter. Some States are making flavored CBD illegal, some are making all CBD, and some are trying to prohibit access without prescriptions. Please check your current state laws.
The battle isn’t over yet, with confusion from the FDA, state law, federal law, miss information and so on, it’s still very much a grey area in the few remaining “illegal” States. However, it’s technically legal!