IS CBD OIL LEGAL IN ALL 50 STATES?
Jeff Sessions and the DEA have said much about cannabis and CBD oil in recent times. However, much of Sessions’ statements are outright false or misleading so we thought we should clarify a few things. So, is CBD oil legal in all 50 states?
First… hemp, cannabis, marijuana (slang term)… they’re from the exact same plant species – Cannabis sativa. It’s common to mistake hemp and cannabis unless you know why they’re different. The easiest way to tell? If it’s under .3% THC content then it’s hemp and is classified as legal for academic and educational purposes, according to federal law. What is commonly referred to as cannabis (or medical marijuana) contains THC levels above .3% and can extend into levels between 15-30% THC. Remember, THC (tetrahydrocannabinol) is the psychoactive component of cannabis. Without these higher THC levels, there are no psychoactive effects for you.
CBD has always been legal in all 50 states. It’s never been scheduled. There is no need to struggle, purchase any illegal herbs, or wait for an Rx from a doctor. CBD products are sold all over the US. Here is a federal finding in the 9th district. The only higher power is the US Supreme court who has not taken this case to overturn. CBD was never scheduled under the CSA of 1970.
Quote from CNN
“CBD Oil from industrial hemp is already legal in all 50 States because the initial product, hemp, contains no traceable amounts of THC, and therefore is already legal to transport across State lines. Industrial hemp is genetically bred to have high levels of CBD, which is non-psychoactive, and safe for children and the elderly to consume (there is no “high”).”
The FDA considers hemp and hemp-derived extracts to be food-based products. As such, there are no legal restrictions on their importation, production and consumption in the United States, and in most of the industrialized world. Think of hemp protein, hemp milk, hemp seed oil, hemp clothing, etc.. all legal!
Hemp oil is legal in all 50 states, and in over 40 countries around the world. In Mexico and Brazil, the governments approved RSHO products (by HempMeds, a sister company to Kannaway, using the same CBD oil) for use as medication with a number of medical conditions; in Brazil the government subsidizes this. Here in the US, this is a food, a nutritional supplement, off the counter.
There are millions of hemp oil consumers around the world, and this number is rapidly rising with an increasing number of reports and studies showing a variety of benefits of hemp oil.
While the growing and cultivation of Hemp in the US might still be vilified, luckily CBD-rich, Hemp Stalk, Hemp Bud, and Cannabinoid rich Hemp oil “is legal” in all 50 states.
In 2014, President Obama signed into law the Agricultural Act of 2014. Section 7606 of the act, Legitimacy of Industrial Hemp Research, defines industrial hemp as distinct from marijuana. This authorizes institutions of higher education or state department’s of agriculture in states that legalized hemp cultivation to regulate and conduct research and pilot programs. Basically, it’s up to the states to regulate the growth per their own State Departments.
President Obama’s execution of the Agricultural Act of 2014 is an integral piece to CBD oil’s legality. If a plant is deemed legal (where the determining factor is a THC level under .3%) that then makes all products made from the source material legal as well. Did you ever wonder why your hemp lotion 15-20 years ago was legal but “smoking a little weed” wasn’t? In this case, it’s all about the THC levels your plant doesn’t have.
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There are 33 states with laws specifically regulating Hemp to include: Alabama, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.
There are 24 states that have defined industrial hemp as distinct from other strains of cannabis and removed barriers to its production.
As of early 2017, 14 of these regulated 33 states legally produce hemp seeds. The federal designation indicated hemp could be grown for industrial or academic applications. These 14 states (CA, CO, IN, KY, MA, MO, ND, OR, SC, TN, VT, VA, NC, and WV) are producing hemp seeds for industrial use. While regulations and agricultural standards are still developing in America, European sourced is still the ideal choice for the consumers. Ideal conditions, more experience, and refinement of regulations to ensure safety and quality lend more trust to you, our consumer.
We also have to look at Federal spending budgets, don’t we? The Federal Appropriations that passed in April 2017 specifically mentions the Department of Justice is prevented from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Hemp is not medical marijuana, though one could assume if they’re not going after High-THC plants, they’re not going to go after low-THC plants either – especially without the budget needed.
Following his election, President Trump’s stance, which seemed to be openly supportive, has become very quiet in regards to the issue.
OUR CBD OIL COMES FROM INDUSTRIAL HEMP
Hemp CBD Oil is just another discovery of hemp’s uses that help improve daily life. For years, hemp products have been available for purchase. Shampoos, lotions, clothes, shoes, and more. These plants are even used for phytoremediation to reduce radiation levels from nuclear waste. For Earth, or for its inhabitants, hemp is healthy. Hemp CBD Oil is a healthy addition to increasing the wellness of your life. Now, CBD oil can be used with food, drink, on your favorite snack, in lotions, topicals, shampoos, vaporizers, and more by the year. If you asked mom and dad “Is CBD legal?” decades ago they would have said oh yea!
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Hemp goes back as one of the oldest crops in human history. Why is it so popular? For starters, it requires half the water (even less for some crops!) of wheat and can be grown without pesticides. For health enthusiasts or anyone generally considerate of the environment, this is a great news. This crop can then be used for nutrition as a great fiber source! The whole seeds are healthy for complete proteins and omegas, concentrated antioxidants, vitamins, and other healthy nutrients. Outside of the United States, hemp is grown as an industrial crop on a large scale. In Europe, for example, we reviewed over 3,000 cultivars before selecting the right farm for us.
CBD Oil can also contain ZERO amount of THC. If this were coffee, it’s all in the grind. It still is, figuratively, for hemp CBD oil. We developed a product from listening to our customers that needed 100% certainty their oil didn’t contain trace amounts of THC. Like who? First responders, athletes, military personnel, or anyone that wants 100% confidence they’re consuming only CBD.
CBD Oil can be given to your pets. We’re serious. Your dog also has an endocannabinoid system of receptors that can respond to CBD and THC.
The Legality of Hemp-Derived CBD
So is CBD legal? If we’re talking about hemp-derived CBD, then the answer is yes. Now, the key word here is “hemp-derived.” Because CBD from hemp has no psychoactive effects, the purchase, sales, or possession of hemp CBD products are completely legal in all 50 States. Because hemp is sometimes confused with the marijuana plant, there is still some stigma towards hemp-derived CBD, but from a legal perspective, hemp-derived CBD is completely legal and enjoys the rights of any other legal product.
CBD oil sourced from hemp is legal all across the U.S when sold as a dietary supplement. Our full-spectrum CBD oil products, when taken daily, add CBD, as well as essential vitamins, minerals, fatty acids, terpenes, flavonoids, and other trace cannabinoids, to your healthy diet.
Because our hemp oil products are categorized as dietary supplements in the United States, we comply with the FDA’s DSHEA guidelines and cannot endorse any specific medical benefits of CBD or our CBD oil.