Marijuana legalization is one of the popular topics of discussion across the nation. From governors, mayors to advocates, everyone has been increasing pressure to legalize cannabis. As of now, marijuana is fully legal in 10 states. This means that you don’t need a medical marijuana card to buy CBD oil in these states. However, there’s still a lot of confusion surrounding the legal aspects of cannabis. For instance, if you live in Bakersfield and you plan on getting medical marijuana in Bakersfield, you don’t need a cannabis card to do the same. That’s because cannabis is fully legal in California.
Even though most states in the US have legalized cannabis in some or the other way, the DEA still classifies CBD as a schedule 1 drug. This means that cannabis is still considered a drug and not accepted for medical purposes. Perhaps the reason why so many people still wonder whether CBD oil is legal or not. Don’t worry we’ve got you all covered. In this write-up, we will discuss everything you need to know about the legal parameters of CBD oil.
Hemp-Derived CBD Oil Vs Cannabis-Derived CBD Oil
Scientifically speaking, there are two types of cannabis – hemp and marijuana. Both come from the cannabis family, but serve different purposes. Hemp plants produce seed oil and fiber. On the other hand, marijuana produces CBD and THC rich cannabis products. This is to say that some products meet recreational requirements. While others suffice medical needs of the patients. In addition to this, you also have to keep in mind that hemp is cannabis Sativa and marijuana is cannabis Indica and cannabis Sativa. Ideally, legal hemp contains less than 0.3% THC and marijuana contains more than 0.3% THC.
The main difference between both the cannabis-derived components is the resin content. While hemp plants consist of low resin, the marijuana drug plants are high in resin. At the onset, the resin of the plant helped differentiate legal from illegal. Since then laws have changed quite a lot. Earlier all parts of the cannabis Sativa whether growing or not were illegal on the federal level. Eventually, with the legalization of medical marijuana in 33+ states of the US, the laws also changed.
So, what does all this mean? Here’s what you need to take note of. First and foremost, you have to understand that hemp-derived and cannabis-derived CBD oil are different on botanical and legal levels. Also, you have to keep in mind that marijuana comes from the buds and the buds have psychoactive properties. The reason why you feel high when you consume cannabis buds with THC content. In contrast, hemp comes from the seeds or stalk of the plant. And the hemp plant does not contain excessive amounts of THC. This also means that you will not feel the intoxicating effects of THC. All in all, to consider cannabis as hemp, one has to take the 0.3% THC content into account.
Is CBD Oil Legal?
To understand the legalities surrounding CBD use, we have to first learn that CBD derived from hemp and marijuana are two different things. Marijuana as a whole is illegal on the federal level, but the plant is engineered to meet the legal requirements. Simply put, different parts of the cannabis plant have various purposes. For example, hemp is largely manufactured to meet industrial and medical requirements. And it is an integral part of the cannabis plant. The only difference is that it belongs to a different species. Whereas marijuana produces high-quality CBD and THC products. You might need a medical marijuana card to use highly potent products derived from the marijuana plant.
Also, it is vital to keep in mind that the Farm Bill became law in 2018. According to this bill, industrial hemp is fully legal on the federal level. The bill states that industrial hemp including its derivatives such as CBD is legal on the federal level. This development was a big hit for the cannabis community. It allowed cannabis users to legally transport, possess, and consume hemp-derived CBD products. However, this legalization has added a little bit of confusion. You see, marijuana is still illegal on the federal level. This also means that CBD oil derived from marijuana is still illegal in some states whereas hemp-derived CBD oil is fully legal.
Eventually, it all boils down to the difference between cannabis and hemp. As mentioned above, if you understand the difference between cannabis-derived oil and hemp-derived oil, you will automatically understand the legalities surrounding cannabis. In the same vein, you also need to keep in mind that after the Farm Bill became law in 2018, hemp was officially removed from the list of schedule 1 substances.
The Farm Bill reclassified the term hemp as an agricultural commodity. And the new bill clearly stated that CBD derived from hemp is legal provided it follows some rules. These rules are as follows:
- The hemp should have less than 0.3% THC
- The hemp should abide by the state-federal rules
- A state-licensed grower should cultivate or grow cannabis.
The Farm Bill also eased the restriction on possession and purchase of hemp-derived CBD products. This is to say that you can transport hemp-derived CBD products across state lines. As long as people adhere to the above-stated regulations. There shouldn’t be any problem in consuming, possessing, selling or even transporting hemp-derived CBD products. However, the Farm Bill regulates hemp-derived products only. This means that marijuana-derived CBD is still illegal. Particularly in states that allow cannabis use for medicinal purposes. This also means that you need a medical marijuana recommendation in such states to avail of marijuana-derived CBD oil.
From the facts and laws stated above, two things are pretty clear. First, you need a medical cannabis recommendation or card for cannabis-derived CBD products in states that prohibit recreational cannabis use. Second, the legal boundaries disappear when CBD comes from the hemp plant. But if you seek cannabis-derived CBD oil without a recommendation, you can easily do the same if you live in a state where recreational cannabis is legal. Otherwise, you need a card to purchase marijuana-derived CBD. Ultimately, what you should understand from this write-up is that it is quite necessary to understand the state cannabis laws. And you should know the source of CBD before making a legal purchase.