Is Hemp-Derived CBD Oil Legal?

Is Hemp-Derived CBD Oil Legal?

PHC LLCOct 28, '19

CBD has been gaining a lot of attention in the recent years due to its touted health benefits. And with the emergence of products containing CBD, you might be wondering, is hemp-derived CBD oil legal? Can you legally give your pets CBD oil?

What is CBD and What Are Its Uses?

CBD is short for cannabidiol – one of the many chemical compounds known as “cannabinoids” that are found in the cannabis plant. It is similar to its more famous cousin – the tetrahydrocannabinol or THC. The difference is that CBD won’t give you a high, regardless of how much you consume.

The cannabis plant has two types – hemp and marijuana. The latter has high amounts of THC, making it strictly regulated or illegal in most places. In hemp, THC content is usually below 0.3%.

CBD oil provides numerous health benefits. Scientific studies have proven that it reduces depression and anxiety better than pharmaceutical drugs since it has virtually no side effects. It also helps reduce inflammation and pain, improve heart health, and alleviate side effects of cancer treatment.

Are CBD Oils Designed for Pets Legal?

Hemp-derived CBD oil may be used to treat stress, anxiety, nausea, pain, seizures, gastrointestinal issues, and other medical conditions in dogs and cats. CBD oils designed for humans and those designed for pets should have no difference in quality or health benefits. 

It’s better, however, to use oils made specifically for your pets. These oils have lower concentration of CBD to prevent dosing issues. They also contain ingredients that are beneficial for dogs and cats.

If CBD is legal in your state, then you can purchase and use CBD oil for your pets. But you have to make sure that the product you’re buying is derived from hemp and contains less than 0.3% THC. If it’s not the case, that product might be prohibited by the law.

The Importance of Buying CBD Products from Trusted Brands

Thanks in part to the passage of the 2018 Farm Bill into law, the amount of CBD oil products on the market has significantly increased. With so much to choose from, it’s important for you to find a quality product for you and your pet.

Currently, CBD oil products are not regulated by the FDA. As such, manufacturers are free to label their products even with unverified claims. Some studies have already proven that many products have CBD contents that do not reflect what their labels indicate.

To make sure that you’re purchasing a quality CBD oil, choose products that are tested by third-party laboratories. You can also buy products that are manufactured by a facility compliant with the Current Good Manufacturing Practice (CGMP).

Is CBD Oil Legal in the USA?

The 2018 Farm Bill made hemp an agricultural commodity, removing it from the DEA’s list of controlled substances. On the federal level, it made the regulated production of hemp legal.

According to the federal law, you should be able to legally acquire CBD oil wherever you are in the country. However, the Farm Bill also gives states the power to run hemp production and regulate hemp-derived products.

Hemp-derived CBD oil is legal in all states except Idaho, Nebraska, and South Dakota. If you live in the following states, you’ll be able to enjoy the least restrictions on CBD products providing you satisfy the minimum age requirement.

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington

CBD for any use is legal in the states listed below as long as it’s derived from hemp. The plant should also be produced by licensed growers in settings consistent with the Farm Bill Act. 

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
  • Wyoming

If your state is not mentioned above, you can also legally consume non-hemp CBD as long as it’s for medical use.

In Idaho and Nebraska, CBD is still illegal whether it’s derived from hemp or not. Use of CBD is only allowed for patients with extreme cases of epilepsy, who can be prescribed with Epidiolex. Even then, this product is not CBD oil but a medicine containing CBD.

The status of hemp-derived CBD in South Dakota is a bit unclear. The state’s Health and Human Services Committee clarified that it’s legal for its residents to possess hemp CBD. However, state prosecutors have differing opinions regarding the legality of hemp-derived CBD products within their jurisdiction.

CBD Laws Around the World

The legality of hemp and the medical and recreational use of hemp-derived CBD varies for each country. There are countries where sale and use of CBD is still mainly prohibited. Some have unclear laws or none at all. 

However, many countries have legalized or reduced the restrictions regarding CBD due to the increase of its medical potential.  

United Kingdom Hemp-derived CBD is completely legal in the UK. Although the country has legalized other forms of CBD oil for medicinal use, access to it can be difficult.

Canada – The country’s law does not differentiate between hemp-derived CBD and CBD obtained from cannabis containing more than 0.3% THC. As such, hemp CBD is heavily regulated. CBD oil is legal as long as no phytocannabinoids are deliberately added to the product. 

Australia – If you’re in Australia, you can only buy CBD oil if you have a valid prescription. Use of CBD is restricted to medicinal purposes and can only be bought from pharmacies registered with Therapeutic Goods Administration. 

European Union – Although laws vary from country to country in the EU, the general law indicates that CBD oil must be extracted solely by pressing and it can only contain up to 0.2% THC.

New Zealand – Products containing CBD are considered prescription medicine in New Zealand.

It’s important for you to remember that laws can always change. What’s presently legal might be prohibited in the future or heavily regulated blends of CBD oils might soon become readily available. The best way to determine whether you can legally obtain CBD oil in your state or country is to become familiar with up-to-date local laws.


References:

https://www.cbdoil.org/cbd-laws-by-state/

https://worldpopulationreview.com/states/cbd-legal-states