- August 22, 2018
- Posted by: Rodney Prescott
- Category: CBD
Over the years, the health benefits of cannabidiol or hemp oil, has increasingly become a hot topic such that it’s now mainly recognized as an active therapeutic constituent found in the marijuana plant. CBD products provide numerous health benefits ranging from chronic pain to anticancer. Despite the health benefits linked to it, lack of psychoactive effects and high safety levels associated with it, the legal status of hemp oil remains somewhat unclear.
The legality issue is further made worse by the regulation differences from one state to the other and different laws at the federal and state level. As a result, most people are torn between using cannabidiol and are lost in the whole debate about the legality of hemp oil. Answering the question of whether CBD oil is legal is not as straightforward as most people think. How so?
Although hemp oil is legal in all the 50 states, there are situations where it may not be considered legal. What brings the difference between its legal and illegal status basically depends on a few important factors that are determined by the state in question. However, the most important factor across all states is where the CBD products have been derived from – hemp or marijuana.
Both hemp and marijuana are found in the cannabis family and do share some characteristics. However, there is a significant difference between the two. That is the amount of psychoactive THC (tetrahydrocannabinol) found in their buds. Marijuana is known to contain THC of up to 30% while hemp only has about 0.3% of THC. That means, marijuana can get you quite high while hemp doesn’t because it has a small amount of THC in it that can’t possibly get you high.
The Legality of Hemp and Marijuana Derived CBD
When it comes to hemp-derived CBD, then yes, it is legal. Remember, the keyword is hemp-derived. This is simply because CBD derived from hemp doesn’t cause any high effect. As a result, the possession, purchase, and sale of hemp oil is legal in all the 50 states. However, because hemp oil is gotten from the marijuana plant, there is a bit of stigma associated with cannabidiol derived from hemp. That notwithstanding, from a legal point of view, hemp oil is fully legal and shares similar rights to any other product that’s legal.
On the other hand, CBD products derived from marijuana aren’t similar. This is because of the availability of THC compound which makes it by law considered a byproduct of marijuana. There are eight states in the US where the use of marijuana is legal. That means both marijuana and hemp derived CBD are legal while in others, it’s illegal.
Different states, however, have their own laws regarding cannabidiol. Hemp oil is considered legal in all states because it is a natural resource and it has some industrial uses such as in the textile industry, biodiesel, and composite. There are states where all it takes to get your cannabidiol medication is an ID and a doctor’s recommendation. Even as more research is still being done on the use of hemp oil, it has not yet been Okayed by the US Food and Drug Administration apart from the treatment of a stubborn and unique case of epilepsy.