U.S. State Laws On CBD Oil And Buying It Online



The first law that allowed cannabis to be used was enacted in 1996, 25 states and Columbia have implemented such laws, and another 17 have allowed products with low tetrahydrocannabinol (THC) and higher percentages of CBD.


For this law to be enacted research and laboratory testing have been conducted the main focus being the therapeutic potential of CBD one of the plants major cannabinoids. CBD products are available in dispensaries and on internet.  The FDA has not approved the artisanal preparations of CBD irrespective of THC content for safety or efficacy. State laws requiring quality control can be nonexistent and sometimes inconsistent.

CBD has been taking over many US states as you can see here: https://www.cbdoilrelief.net/state-guide/.

The law surrounding marijuana does not specifically mention the constituents of the plant. Elements like unsterilized seeds, resin or leafy material from the plant are considered illegal, including CBD that is found in the leaves and resin of the pant. For this reason, CBD derived from marijuana is legal in 9 states, illegal in 4 and reserved for medicinal use only in the remaining 37 states.

A Brief History of Cannabis Legal Battle.

Marijuana’s long, tortuous legal battle began in the mid-1930s in United States. Marijuana was associated with insanity, aggression and criminal activities through propaganda films like “Reefer Madness” which was released in 1936. That is when the United States began campaigns against its use. Before these campaigns started, marijuana was sold freely in pharmacies across the world.

In 1936 there was a treaty signed by Geneva Trafficking Treaty. The treaty main aim was to ban, distribution, manufacture and cultivating cannabis products. The treaty includes cocoa and opium. This project was disregarded by some countries. This leads to the regulation of marijuana in Europe, Canada, and Australia.

In 1970 marijuana was banned from all forms of use including medical. This was as a result of the Controlled Substance Act which was passed in the United States. In the recent years, marijuana regulation has been revisited. The first change was to support the medicinal use and research. President Barrack Obama passed the Agricultural Act of 2014. Section 7606 of the Act outlined the legal classification of hemp and allowed the use of industrial hemp for research purposes. This lead to changes that include recreational usage of cannabis products both CBD and THC containing extracts from certain states such as Colorado in the early 2014.

Laws Regarding CBD

  • Agricultural Act of 2014

According to this Act, any Cannabis sativa plant with THC content below 0.3% is considered hemp as hemp is considered legal in the United States. Hemp is classified separately to allow for its industrial uses. Hemp is versatile. It has strong fibers which are used in making clothing, composites, and biodiesel.

Hemp is drought resistant and grows fast does not require pesticides. Hemp is a more sustainable source of fabric as compared to cotton, paper or wood. Hemp contains high amounts of CBD. The legislature does not regulate cannabinoids themselves. For this reason, extracts taken from legal help avoid regulation by the United States government that remain high in the therapeutically active CBD. Some states have come up with their own regulations for CBD despite the legal status of hem and its extracts in the eyes of the federal government.

  • Controlled Substance Act.

For United States, federal Controlled Substance Act (CSA) controls substances which are psychoactive or have signs of abuse potential. This law controls every stage including supply chain all involved parties including ultimate users who are patients and manufacturing. Control extends applied by this Act is determined by the substance classification. There are five schedules of classifications. Each schedule depends on substance medical effectiveness and abuse probability.

Substances found in schedule 1 are not accepted for medical use in the United States. They include marijuana and its cannabinoid components. This is because they have the potential for abuse lacking accepted safety methods for use. Substances in schedule 2-5 are accepted for medical use.

  • Food and Drug Administration Act. (FDA)

This act has enforcement actions relating to CBD oils. Under the Food, Drug, and Cosmetic (FD$C) Act, any item is considered a drug if it is intended for use in diagnosis, cure, mitigation, treatment or prevention of disease. The FDA determines the intended use by reviewing advertisements and promotional statements used on websites by various sources. Only products that have been FDA approved are allowed to make medical claims.

CBD oil brands have to adhere to FDA standards by making sure all their products are not misbranded. FDA conducted a test that showed some vendors sell products that contain little-to-no CBD while other contained higher levels of THC than it is listed on the label.

  • Farm Bill.

The Farm Bill is a section of Agricultural Act. Farm Bill 2014 is considerate and has authorized institution whose purpose is higher education to grow hemp for research purposes. It has also extended this to state departments. For Farm Bill to be in use, industrial hemp is referred to Cannabis Sativa. Farm Bill Act has helped the hemp industry to be able to open department stores and grow marijuana in large numbers for mass production. Some states have interpreted Farm Bill as giving authorization and license to private cultivators who farm CBD and extract it and sell the end product to retail market.

Farm Bill has not changed requirements of FD$C Act, this includes a fact that therapeutic components to human research involving CBD will be conducted for approval by the IRB.

Take Away.

It is difficult to argue the medicinal benefits of CBD as more people become more aware of the benefits of this compound, it is likely that we will begin to see further changes in its legal status. CBD oil derived specifically from hemp has been fond legal in most of United States, while CBD derived from marijuana is legal in selected few. Whenever purchasing CBD, it is important to do some research on the specific states that you live in. This is because the legislation around this substance can vary a lot from one state to the next.