In 2018, the Farm Bill was enacted, establishing CBD's federal legality. States, however, are free to enact their own legislation pertaining to this and other cannabis. While the majority of states permit legal CBD products to have up to 0.3% THC, some jurisdictions mandate that all hemp products have zero detectable THC content in order to be considered lawful. That being said, there isn't a government organization that is in charge of confirming the claims made on product labels because the FDA doesn't regulate CBD products. If you are a new CBD customer, read this article to learn more about CBD legality!
CBD Legal Status
According to the United States Farm Bill, CBD products are federally legal, so long as they don’t contain any more than 0.3% delta-9 THC. Some hemp products don’t contain any amount of delta-9 THC whatsoever. For example, some Happy Fruit gummies are composed of different combinations of cannabinoids. Our Lifted Lemonade gummies contain 25 mg of delta-8 THC and 5 mg of THCV each. Different cannabinoids carry their own array of potential health benefits. Not all cannabinoids have psychoactive effects like delta-9 THC, which produces the “high” that’s associated with marijuana. CBD, which has been studied for its various lifestyle benefits such as treating conditions like insomnia, chronic pain, and anxiety, is not a psychoactive cannabinoid. Therefore, it doesn’t face the same restrictions that delta-9 THC does. Continue reading to learn more about how CBD is regulated in different states.
CBD Regulations
Although we just explained CBD federal law, it is important to note that CBD legality can really vary from state to state. After Washington DC, passed the 2018 US Farm Bill, most states passed new hemp laws that aligned with the most recent federal regulations. These days, it's more difficult to locate a state that completely prohibits the usage and sale of CBD oil as opposed to those that permit it.
Nonetheless, there are still some areas where consumers find it challenging to obtain CBD products made from hemp. The Midwest has several states with extremely severe laws pertaining to products containing CBD. For example, South Dakota still prohibits the selling of CBD within its boundaries. States including Kansas, Nebraska, and Idaho have started to allow hemp-derived CBD, but only in specific situations. Most importantly, CBD products containing more than 0% delta-9 THC are not allowed to be purchased by residents of these states. Certain CBD products are subject to special limitations in some states. For example, your region might not be able to tell the difference between smokable CBD hemp flowers and marijuana joints because of their similar appearance. Due to the FDA's pending decision on the use of CBD as a food ingredient, some areas are also experiencing problems with CBD edibles.
The next time you find yourself searching, “Is CBD legal?” check out our Happy Fruit website. On our “News” page, you can discover more information about various cannabinoids, their potential positive effects, and their legal status.