Is CBD Legal?
It’s important to note that CBD has not been legalized at the federal level, although hemp- derived CBD containing less than 0.3% THC has been made legal in all 50 states. Several
states have also legalized cannabis for medical use, recreational use, or both, and this includes CBD products that contain more than 0.3% THC.
The 2018 Farm Bill included provisions for hemp cultivation and production, as well as hemp-derived products, eliminating restrictions on the sale, transport, and possession of these products (providing they fall within set limits, such as containing less than 0.3% THC, for example). Activities like cultivation must be carried out with proper licensing, under the approval and regulation of the USDA.
Marijuana-derived CBD (i.e. products with 0.3% or more THC) remains illegal at the federal level, except for a single drug approved by the FDA. Epidolex, used to treat Lennox-Gastaut syndrome and Dravet syndrome, two rare forms of epilepsy, was approved by the FDA in 2018.
That said, ongoing advocacy efforts continue to yield results, with more states considering legislation to legalize cannabis for both medical and recreational purposes. This is creating opportunities for research and development that can only benefit those seeking relief from cannabis, CBD, and other compounds.
There’s no telling if or when federal legalization may occur, but with the tide of public sentiment turning in favor of legalization, there’s hope for a future where everyone can get the relief they need from CBD or other cannabis products, or enjoy recreational usage.