Is CBD legal? Legal status in 2019

The short andwer is yes, but that depends on where you live, who you ask and where your CBD comes from.

CBD (cannabidiol), is a non-psychoactive element that occurs naturally in marijuana and industrial hemp. CBD is often touted as the magical compound that can be used in almost everything from pet drops to lattes; it can also be consumed in different ways, by drinking it, rubbing it on your skin, spraying it, eating and smoking. It is popular among athletes, patients and people looking to reduce their anxiety, relax their muscles or ease their insomnia. Generally, it can be used by anyone for general therapy, but the question is, is CBD legal?

Is it legal to buy CBD in the US?

Cannabidiol made from industrial hemp is legal to purchase and consume in any state. However, if you obtain Cannabidiol (CBD) from medical marijuana, you must be located in a state that has approved Cannabis for medical or recreational use. If you don’t live in one of these states, you can still use CBD oil made from hemp to get the same benefits as THC oil.

In the United States, the legal status of CBD is confusing; the federal and state laws are conflicting, this has led to confusion among caregivers, medical providers and patients. This confusion came into light in December 2016 when the US Drug Enforcement Administration published a new drug code for ‘marihuana extract.’ In the rule, the DEA reiterated that all cannabis extracts, including CBD oil, are still federally classified as an illegal schedule I substances and would be treated as schedule I controlled substances. This, as the DEA stated, was to bring the US law into compliance with UN treaties regarding controlled substances.

What about CBD from Hemp? According to the 2014 Farm Bill concerning US food and agriculture, legal ‘industrial hemp’ is used to refer to cannabis plants and products that contain less than 0.3% THC that is grown by a state licensed farmer or by an education or research facility. Hemp and marijuana are basically two version of the same species and have different genetic makeups. They both come from the genus Cannabis. However, the Farm Bill does not include or state anything about CBD, which is characteristic of hemp products.

After the DEA new rule was published, the Hemp Industries Association filed an appeal claiming that the DEA was overstepping its jurisdiction by failing to acknowledge nonpsychoactive cannabinoids including CBD which was seemingly covered by the 2014 Farm Bill. The appeal was shot down by a panel of judges.

But, if they are illegal, why are CBD products available online and in retail stores around the country?

Contrary to what many articles seem to suggest, CBD is not legal in all 50 states of the US. If it were, the police would have no business raiding retailers. However, many states (more than 50%) have legalized CBD use. Recreational marijuana is already legal in 10 states and Washington DC. Medical marijuana, on the other hand, is legal in 33 states. This means that the issue of CBD legality come down to specific states and the laws that have been put in place.

Industrial hemp can be legally imported and shipped across state lines and can be processed into CBD products including CBD oils, as long as they contain less than 0.3% THC. Companies are already processing large amounts of hemp-CBD that is used for various medical purposes all over the country.

Is it legal to buy CBD in Canada?

Canada, on Oct 17th, became the second and the largest country in the world after Uruguay to legalize recreational marijuana. However, local authorities still have the powers to control how it is used, where it is used and when. This is good news for CBD users in the country. Industrial hemp has been grown legally in Canada for its seeds and fiber since 1998 when the Industrial Hemp Regulations first came into effect. Following the legalization on the 17th, farmers will now be able to harvest the plant for its CBD and fiber. The current laws state that adults may possess up to 30 grams of marijuana and households are allowed to possess up to four cannabis plants but only for personal use. The rules also state that cannabis seeds, cannabis plants, dried cannabis, and CBD oil are legal in the country. This includes food and drinks. However, CBD products with less than 0.3% THC have been legal in the country for a long time. CBD can be bought online through the state-run websites and will be delivered to their homes by mail. The minimum age to purchase and use CBD products is 18. However, some provinces have raised the age to 19. In Quebec, the minimum legal age limit is 21.

Is it legal to buy CBD in the UK

Recently the number of CBD users in the United Kingdom has increased significantly; this is mostly due to its medicinal and therapeutical benefits. This has led to increased interest into what CBD is and what its uses are, but the main question is, is it legal?

Yes, CBD is legal in the UK. However, this gets confusing. Currently, CBD is not stated as a controlled substance in the UK. Therefore, there are no restrictions on its use and it can be distributed freely. CBD products that are derived from any of the 63 industrial hemp strains approved by the European Union are entirely legal. However, this does not mean that all types of cannabis oils are legal as cannabis is still categorized as a controlled substance. Recently, the laws have been changed to recognize CBD as a medical product. CBD oils in the United Kingdom, however, must not have THC level exceeding 0.2%. According to the Home Office, any quantities above this is considered as marijuana which is illegal.

Conclusion – Where here is it legal to use CBD?

The question on whether CBD is legal or not surely depends on where you are or where your CBD products come from. In the US, the federal law is conflicting with most of the state laws, and it’s therefore essential to check your state laws before making a purchase. In Canada, CBD use is perfectly legal whether it is for medical or recreational use. In the UK however, it depends on where the CBD is derived from. If it is derived from the cannabis plant which contains high THC quantities, then it is illegal. If it is derived from industrial hemp and contains less than 0.2% THC, then it is legal.

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