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.
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:
When Is CBD Oil Illegal?
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.
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?
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.
A. To date, the agency has not approved a marketing application for cannabis for the treatment of any disease or condition. FDA has, however, approved one cannabis-derived and three cannabis-related drug products. These approved products are only available with a prescription from a licensed healthcare provider.
21. Does the FDA have concerns about administering a cannabis product to pregnant and lactating women?
8. Is it legal for me to sell CBD products?
These GRAS conclusions do not affect the FDA’s position on the addition of CBD and THC to food.
12. Can hulled hemp seed, hemp seed protein powder, and hemp seed oil be used in human food?
June 25, 2021 — The Department of Consumer Protection (DCP) is warning businesses that, beginning July 1, 2021, they may no longer offer or sell products made using hemp or hemp-derived products with any Tetrahydrocannabinol (THC) concentration, including delta-7, delta-8, delta-9 and delta-10.
“The creation of a regulated cannabis market will protect and benefit public health and safety by ensuring consumers know exactly what is in the products they are purchasing and preventing children from accessing these products,” Commissioner Seagull added. “This change will ensure that hemp products that contain any type of THC that exceeds 0.3 percent on dry weight basis will now be regulated.”
The Act defined cannabis to include hemp products with a total THC concentration that exceeds 0.3 percent on a dry weight basis. This definition now includes delta-7, delta-8, delta-9, and delta-10. These products may only be sold by a licensed cannabis retailer or medical marijuana dispensary. Delta-8 is known to have psychoactive effects. License applications are not yet available.
“This change stops the exploitation of a loophole in the federal hemp act that resulted in individuals selling unregulated products on the retail market with high delta-8 THC concentrations that have intoxicating effects,” said DCP Commissioner Michelle H. Seagull. “Prior to this change, entities were able to sell products in the normal retail market without having to adhere to any testing, packaging, or labeling standards, including childproof packaging standards, or product restrictions prohibiting forms that appeal to children.”
Senate Bill 1201, An Act Concerning Responsible and Equitable Preservation of Adult Use Cannabis (“Act”), signed into law June 22, 2021 and effective July 1, 2021, established an adult use cannabis marketplace and made changes to existing cannabis regulation.