Is CBD Legal?

Is Hemp-Derived CBD Legal?

Many people are confused over the legality of Hemp because it is not readily available like other crops. Until 2014, federal law made it so that only imported Hemp was legal in the U.S. This is why America has been the largest importer of hemp products in the world, mostly from China, Canada and Europe.

Hemp contains many separate components that can create a wide variety of effects. Cannabinoids, such as cannabidiol (CBD) have been shown to be extremely beneficial in a broad scope of health applications for the majority of the population. As opposed to other strains of cannabis, Hemp is by law required to be very low in tetrahydrocannabinol (THC). THC is the cannabinoid that is psychotropic and causes euphoria, or the "high" often associated with cannabis. Hemp is the non-psychotropic version of cannabis and is actually considered a "superfood." In 2003, the U.S. Department of Health and Human Services issued patents on certain cannabinoid molecules found in Hemp, referring to them as "antioxidants and neuroprotectants."

Hemp oils that are high in cannabinoids such as CBD, have recently become highly popular due to the amazing evidence of their therapeutic impact. Millions of people are realizing and experiencing that the neuroprotective, antioxidant, and anti-inflammatory benefits of Hemp and CBD can help benefit a wide variety of health challenges, including anxiety, pain and inflammation, amongst others.

The 3 ways to legally buy CBD in the US:

1. Import it from outside the US

2. Get it from a legal medical marijuana program

3. Get it through a domestic Hemp program from a licensed industrial Hemp farm

Why US Industrial Farm Hemp Products are Legal:

In 2014, the Agricultural Act of 2014 changed the legal status of Hemp in the U.S. Section 7606 gave State Departments of Agriculture and institutions of higher learning the ability to grow, cultivate, process, and market Hemp as long as research projects were conducted in accordance with corresponding state and federal laws.

Hemp became more readily available, but it wasn't until August, 2016, that federal agencies gained a legal basis for the broad acceptance of Hemp. This was provided by a Statement of Principles by the USDA (also co-signed by DOJ/DEA and HHS/FDA).

Recent History and Legality of Hemp & CBD - Year by Year:

Pre-2014

  • Prior to 2014, all cannabis, including hemp, was not approved federally; it was not regulated or lawful except under a DEA license as a Schedule 1 drug / agricultural commodity (i.e., food).
  • A 2004 9th Circuit ruling where the Hemp Industries Association won the right to import hemp products (expressly omitting inclusion of the hemp flower) caused the importation of material sourced from Hemp stalk and seed only to increase substantially.
  • 2014

  • US Farm Bill, Section 7606 created a federal structure for industrial Hemp pilot programs at the state level to engage in the growth, cultivation, and marketing of Hemp. Various state legislation and regulatory structures provided the legal basis for low-THC Hemp production.
  • 2015

  • An amendment allowing for the movement of Hemp plant matter, including seeds, across state lines was included in the U.S. Agricultural Appropriations Bill.
  • Congress passed the Omnibus Act, which prevented federal monies from being spent to prohibit the transportation, processing, sale or use of industrial Hemp that is grown or cultivated in accordance with Section 7606 of the U.S. Farm Bill.
  • 2016

  • A Statement of Principles signifying the federal acceptance of Hemp was issued by the USDA, in conjunction with co-signers from DEA/DOJ and FDA/HSS.
  • NIFA, a part of the U.S.D.A., announced that it will accept Hemp-related projects for funding grants.
  • Federal politicians, including Senate Majority Leader Mitch McConnell, declared in writing, their support for Hemp as an agricultural commodity.
  • 2017

  • The 2017 Omnibus Spending Bill passed, including previous Hemp language and clearly articulating state/international line transportation.
  • The Hemp Farming Act of 2017 was introduced and widely supported. It is expected to pass.









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