Is CBD legal? CBD laws
Medically Reviewed by: Dr. Caley Scott, ND
The CBD market has taken the wellness world by storm, making its appearance in everything from capsules and tinctures to gummies and lotions.
With this surge in popularity, many people are left wondering: is the use of CBD actually legal?
The answer isn’t as straightforward as you might think, and that’s what can make things a bit confusing. Navigating the legal landscape of CBD can feel like trying to solve a puzzle where the pieces are constantly shifting. This article will dive into the complex legal status of CBD, breaking down what’s happening at both the federal and state levels.
Along the way, we’ll explore how factors like THC content and different state laws impact whether CBD products are legal where you live.
What is CBD?
Cannabidiol, or CBD, is one of the many cannabinoids found in the cannabis plant. While CBD can be extracted from both hemp and cannabis varieties of the Cannabis sativa plant, the majority of legal CBD products come from the hemp plant – a type of cannabis plant that contains very low THC concentrations.
What makes CBD stand out is its non-psychoactive nature. Unlike THC (tetrahydrocannabinol), which is the cannabinoid responsible for the high associated with cannabis, CBD doesn’t cause any intoxicating effects. This distinction between CBD and THC is crucial, especially when it comes to legality.
THC directly interacts with the brain’s CB1 receptors, leading to those well-known psychoactive effects. CBD’s interaction with the body, meanwhile, is much subtler and does not involve directly binding to these receptors, which is why you won’t feel high after using CBD.
This difference in how these cannabinoids work has significant legal implications. In many places, the legal status of CBD hinges on its source — whether it’s derived from the hemp plant, which is federally legal under specific conditions, or if it is cannabis-derived, which remains more tightly regulated.
How does CBD work?
CBD works with your body’s endocannabinoid system (ECS), a complex network of receptors that plays a vital role in maintaining balance, or homeostasis, within the body. The ECS consists of CB1 and CB2 receptors, which interact with cannabinoids — whether produced naturally by your body or introduced through substances like CBD and THC. With the help of CBD, the ECS can better regulate a variety of functions, including mood, sleep, immune response, and pain perception.
While THC binds directly to the CB1 receptors in the brain, causing the well-known psychoactive effects, CBD takes a different approach. It doesn’t directly bind to CB1 receptors, which is why it doesn’t produce a high. Instead, CBD influences the ECS more subtly, supporting the role of our own endocannabinoids and enhancing their effects.*
This interaction helps promote a sense of balance, potentially easing feelings of tension and discomfort, encouraging relaxation, and supporting overall well-being. Unlike THC, which can be quite direct in its effects, CBD’s role is more about supporting your body’s natural processes, working behind the scenes to help you feel your best.
Is CBD legal?
CBD’s legal journey has been anything but straightforward. For much of the last century, CBD was caught up in the broader legal battles over cannabis, with its status often unclear or outright prohibited.
The turning point came with the passage of the Farm Bill, formally known as the Agriculture Improvement Act of 2018. This legislation was a game-changer, as it legalized industrial hemp and, by extension, hemp-derived CBD products at the federal level.
Specifically, the Farm Bill removed hemp and its derivatives, including CBD, from the Controlled Substances Act, where it had previously been lumped together with all forms of cannabis, which were classified as Schedule I substances — the category reserved for drugs with high potential for abuse and no accepted medical use.
The Farm Bill also set strict guidelines to set legal forms of CBD apart from those that are still considered controlled substances at the federal level. One of the critical legal requirements under the Farm Bill is that hemp-derived CBD must contain less than 0.3% THC by dry weight. Products that meet this standard are considered legal under federal law, but anything above this THC limit falls back into the illegal category.
It’s also important to note that while hemp-derived CBD is legal at the federal level, it also is not currently an approved medication by the FDA. The Food and Drug Administration (FDA) plays a significant role in regulating CBD products, especially when it comes to how they are marketed and used.
While clinical studies suggest that CBD can provide a wealth of wellness benefits, there is currently only one FDA-approved CBD product for official medical use: Epidiolex, a prescription drug for epilepsy that contains CBD. The FDA agency continues to monitor the market and issue warnings when products are found to be misleading or unsafe.
What to know about State laws and the legal status of CBD
While the Farm Bill legalized hemp-derived CBD at the federal level, state laws are a different story. The legality of CBD varies widely across the United States, with each state setting its own rules and regulations.
In some states, like Texas, the laws are quite specific, allowing for low-THC CBD products under certain conditions, primarily for medical use.
Other states, meanwhile, like Colorado and Washington have embraced more lenient laws regarding CBD and cannabis products. These states have legalized both recreational and medical cannabis, making it relatively easy to access a wide range of CBD products.
Medical cannabis programs in various states also play a significant role in determining the availability of CBD. Some states permit CBD use only within the framework of a medical marijuana program, where patients must meet specific criteria to access these products legally.
Given this patchwork of vastly different state laws, it’s crucial to check the specific regulations in your area before purchasing or using CBD products. Staying informed about local laws ensures that you remain on the right side of the law while enjoying the benefits of CBD.
Are there any risks to using CBD?
As CBD has become more widely available, research into its effects has also expanded. The good news is that a range of clinical trials suggest CBD is a safe and beneficial substance with the potential to support overall wellness, help ease discomfort, and promote relaxation.
However, like anything you introduce to your body, there are some considerations to keep in mind.
Temporary side effects are possible, although they tend to be mild. Some people might experience drowsiness or slight digestive upset when using CBD. These effects are usually temporary and may occur more frequently with low-quality products or when taking high doses. That’s why choosing products that have been thoroughly tested and made with high-quality ingredients is key.
The quality of the CBD you choose can make all the difference. Products that undergo third-party testing provide assurance that what you’re consuming is accurate, pure, and free from harmful contaminants. Opting for high-quality CBD can minimize the risk of unwanted side effects and maximize the potential benefits. It’s essential to be selective and informed about the products you use.
What to look for in CBD products
Knowing what to look for when choosing the right CBD products can significantly improve your experience. Here’s how to ensure you’re making the best choices for your wellness journey.
Third-party testing
Third-party testing ensures the product has been independently verified for purity, potency, and safety. It’s a straightforward way to make sure you’re getting what’s advertised and avoiding any unwanted surprises. Products that lack third-party testing should be a red flag—transparency and quality assurance are key.
At Sunmed, all of our third-party lab results are easily accessible online.
Quality ingredients
Quality ingredients are another must. Look for products made with clean, natural ingredients, free from unnecessary additives or fillers. The fewer the additives, the better the product is likely to support your overall health goals.
Hemp-derived for federal legality
If you want to stay on the right side of federal law, opt for hemp-derived CBD products. These are legal at the federal level as long as they contain less than 0.3% THC. Be sure to check the THC content to ensure it aligns with what is legal federally and in your state.
Matching the form of CBD to your needs
Finally, match the form of CBD to your needs. CBD oils and tinctures are versatile and can be taken directly or added to food. Gummies and other edibles are easy to use and offer precise serving sizes, making them a popular choice for those who want a consistent experience.
Topicals like lotions and creams can be applied directly to the skin for targeted relief, which is great for localized discomfort.
The bottom line
CBD’s legal status can be tricky to understand, with various factors like federal and state laws, THC content, and product quality all playing a role. It’s essential to stay informed and make sure you’re choosing products that meet legal requirements and your personal wellness needs.
At Sunmed, we’re dedicated to transparency and premium quality. Our products are sourced from premium U.S. industrial hemp, carefully extracted, and processed to exceed federal guidelines. We’re committed to providing you with high-quality, trustworthy CBD products you feel more than confident using.
If you’re looking to incorporate CBD into your wellness routine, explore our full range of hemp-derived products. Whether you’re looking for oils, gummies, or topicals, we’ve got something to support your journey to wellness. Stay informed, choose wisely, and enjoy the incredible benefits that quality CBD can offer.
*This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
Sources:
Cannabinoid - an overview | ScienceDirect Topics
The endocannabinoid system: Essential and mysterious | Harvard Health
Your body’s own cannabinoid molecules calm you during stress | Northwestern University