You’ll find CBD at your local dispensary, supermarkets, online, and sometimes even at local gas stations. There are no restrictions to CBD use in these states.
Don’t be mislead, marijuana is not a deadly drug — but the laws haven’t changed on a federal level in 80 years.
In some states, such as North Dakota or Minnesota you’ll need a doctor’s approval and licensed medical card in order to buy cannabis products including CBD.
The cannabinoids are a unique class of compounds not exclusive to the cannabis plant, you can also find it in plants like Echinaceae or Helichrysum, but none as abundant as Cannabis.
These states allow citizens to buy hemp-derived products but there are some caveats.
When the federal government in the United States comes out with a change to certain laws — the states have the ability to honor this change or produce their own state legislature to challenge the laws.
CBD is short for cannabidiol — it’s just one of over 400 other compounds found in the cannabis plant and arguably the most relevant for medical use.
16. What is FDA’s role when it comes to the investigation of cannabis and cannabis-derived products for medical use?
12. Can hulled hemp seed, hemp seed protein powder, and hemp seed oil be used in human food?
To date, FDA has not approved a marketing application for cannabis for the treatment of any disease or condition and thus has not determined that cannabis is safe and effective for any particular disease or condition. The agency has, however, approved one cannabis-derived and three cannabis-related drug products (see Question #2).
Questions and Answers
13. What is FDA’s position on cannabis and cannabis-derived ingredients in cosmetics?
While the agency is aware of reports of pets consuming various forms of cannabis, to date, FDA has not directly received any reports of adverse events associated with animals given cannabis products. However, adverse events from accidental ingestion are well-documented in scientific literature. If you feel your animal has suffered from ingesting cannabis, we encourage you to report the adverse event to the FDA. Please visit Reporting Information about Animal Drugs and Devices to learn more about how to report an adverse event related to an animal drug or for how to report an adverse event or problem with a pet food.
As discussed above (see Question #2), the 2018 Farm Bill removed hemp from the CSA. This change may streamline the process for researchers to study cannabis and its derivatives, including CBD, that fall under the definition of hemp, which could speed the development of new drugs.
6. What is FDA’s reaction to states that are allowing cannabis to be sold for medical uses without the FDA’s approval?
If CBD oil comes from hemp, it is federally legal. If CBD oil comes from marijuana, it is federally illegal. State laws, however, vary widely.
It depends. In terms of federal law, the legality of CBD oil depends largely on where the CBD came from and where it is being used, so it is important to understand some cannabis fundamentals.
Although cultures around the world have used cannabis for centuries, Americans are just now beginning to understand what cannabis and the chemical compounds in it do to the human body. Cannabidiol (CBD) oil, in particular, has become wildly popular for its alleged health benefits, but is CBD oil legal?
Hemp vs. Marijuana
Every U.S. state allows for the use of cannabis in some form, but each state’s laws are different. For example, Washington state law allows residents to legally consume CBD oil for recreational purposes, whereas South Dakota state law categorizes CBD as a Schedule IV controlled substance and allows citizens to use CBD only in forms that are approved by the Food and Drug Administration, e.g., Epidiolex.
Cannabis is filled with chemicals. Arguably the most well known of these chemicals is tetrahydrocannabinol (THC). Whereas THC is largely responsible for cannabis’ “high," CBD does not result in a high. Supplement manufacturers are making CBD into many forms, including oils, tinctures, pills, and lotions. Some supposed benefits of using CBD include:
Both industrial hemp and marijuana are members of the cannabis family, but they are treated differently under federal law. Industrial hemp, as defined by the federal government, is cannabis that contains less than 0.3% THC by weight. Marijuana is defined as any cannabis that contains more than 0.3% THC by weight.
America’s relationship with cannabis is complicated. According to federal law, cannabis — including CBD — is still predominantly illegal, although there are exceptions. Even with the continuing federal prohibition of cannabis, most U.S. states have enacted their own cannabis-related laws. As such, CBD oils reside in a legal grey area.