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Is CBD Legal? Here's What You Need to Know

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Despite the fact that cannabis and the chemical compounds generated from it have been around for millennia, they are becoming more specialized, potent, and popular than ever before. Cannabidiol (CBD) in particular has become a popular component of current health and wellness trends, but is CBD legal?

The demand for CBD products has soared in recent years, especially as an increasing number of people seek all-natural solutions to common problems including poor sleep, anxiety, and chronic pain. One of the first inquiries consumers have about CBD products is whether or not they are legal. The simple answer is yes, but only in certain circumstances. The legality of CBD isn't a black-and-white issue. There is a lot of gray areas, which leads to a lot of uncertainty among individuals who have recently become interested in CBD.

We're here to help clear the air on CBD's legality because there's a lot of misinformation out there. Here's everything you need to know about whether CBD is legal, as well as a list of five top CBD companies that comply with all legal requirements.

Federal Cannabidiol Laws

The answer, like most inquiries about the legality of anything related to cannabis, is yes and no. The legality of CBD in a given place is determined by a number of variables. Some of these elements are:

• State and federal cannabis and hemp laws

• The source of the CBD

• How the CBD is consumed, e.g., smoking, vaping, eating

• How the CBD product is marketed

The Agriculture Improvement Act of 2018 is the key federal statute that permitted firms to begin selling CBD products. This Act made it lawful to grow industrial hemp, which is defined as having less than 0.3 percent THC (THC is the chemical in cannabis that gets people high). The federal government considers hemp to be marijuana if it contains more than 0.3 percent THC, which is a prohibited Schedule 1 substance.

CBD may be found in both hemp and marijuana plants, although hemp is legal in the United States. A common rule of thumb in federal CBD legality: CBD derived from hemp is legal; CBD derived from marijuana is prohibited. When you take CBD and travel on a plane domestically despite the fact that hemp-based CBD is lawful in the United States, certain states still consider any cannabis product to be illegal.

State CBD Laws

Although most states in the United States allow for various forms of cannabis usage, many states have yet to change their restrictive cannabis laws. Any level of THC, even the 0.3 percent present in federally permitted industrial hemp, is unlawful in Texas. CBD is only lawful if it contains less than 0.3 percent THC.

Food and Drug Administration Oversight

The Food and Drug Administration, which is normally entrusted with regulating and monitoring CBD-related goods, has forbidden any CBD products that have not been formally authorized by the FDA, i.e., any CBD products other than Epidiolex.

Despite its requirements, the FDA frequently fails to investigate and verify/dispute claims made by CBD product makers. CBD products can include THC and/or other substances that are unlawful because of the absence of regulation.

How to Confirm a Product’s Legality

Companies can claim that a CBD product is completely legal, but this does not always imply that what is advertised is accurate. The only method to know for sure whether or not a product is lawful is to examine the certificate of analysis (COA).

After a product has been evaluated by an independent third-party lab, this document is prepared. A COA contains a wealth of information on a product, including:

• Cannabinoids

• Microbial contaminants (ie. mold, yeast, etc.)

• Residual solvents

• Heavy metals

• Pesticides

A COA not only confirms the presence of these chemicals, but it also gives you a number to work with. When establishing if a CBD product is legal, pay attention to the THC results. If the proportion is less than 0.3 percent, the product complies with all legal requirements.

It's better to avoid a product with a reading higher than 0.3 percent or one that doesn't have a COA accessible.

Legal Resources for Consumers

Cannabis regulations are continually changing across the country, making it tough for consumers to keep up with the newest changes. It's recommended to research the CBD legislation in your state if you have any questions. If you are facing legal charges as a result of your cannabis usage, you should seek the advice of an expert attorney.

Final Thoughts

Many people believe that CBD products are legal, however, this is not the case. Understanding federal and state rules, on the other hand, should make navigating the ever-changing and ever-growing landscape much easier.

The easiest method to guarantee that you're buying a legal product is to buy CBD from recognized firms that use third-party testing. The five brands on our list are well-known in the CBD business and go above and beyond to comply with all legal, quality, and safety requirements.


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Is CBD Legal? Here's What You Need to Know

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Published on March 22, 2022

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