Is CBD Legal?
The short answer is: Yes, but it’s complicated. It depends on your state and locality.
CBD sourced from industrial hemp became legal at the federal level in the 2018 Farm Bill, passed by Congress and signed into law by President Donald Trump in December 2018. The landmark legislation reclassified industrial hemp as anagricultural product and amended the Controlled Substances Act (CSA) of 1970 toexempt hemp products under certain conditions. Specifically, hemp plants must contain no more than 0.3 percent of delta-9-tetrahydrocannabinol (THC) by dry weight. By removing hemp from the CSA, it also virtually removed it from the Drug Enforcement Administration's (DEA) controlled substances list as well, although existing international treaties still prevent its full removal.
Confusion about CBD's legality arises because, while the legislation allows hemp and its qualified by products to be sold and transported across state lines, it gives each state the authority to decide if they will permit cultivation and commerce within their boundaries.
Additionally, CBD products are currently unregulated. The Federal Drug Administration approved the first CBD-based drug, Epidiolex, to treat epilepsy, but has yet to establish guidelines for other CBD-containing products. The agency began that process at a public hearing on May 31, 2019. Regulation is needed,especially as the strong demand for CBD and lack of consistent oversight make it too easy for opportunistic suppliers and sellers to pass off an inferior, or unsafe product to an uninformed public. The risk of wasting money on inferior and ineffective products only underscores the importance of choosing your supplier carefully.