Is CBD Legal?
In short, yes. The 2018 Farm Bill legalized the cultivation, distribution and sale of hemp on a federal level. It removed hemp (cannabis with lower than 0.3% THC) from the definition of marijuana in the Controlled Substances Act.
CBD, or cannabidiol, the main cannabinoid in hemp other than THC, which does not give users a "high", has grown in popularity due to its perceived benefits in people, such as its anti-anxiety and pain relieving qualities. CBD, however, is not regulated.
Must Distinguish "hemp-derived" vs "marijuana-derived"
CBD derived from hemp (that is, cannabis plants with less than 0.3% THC) is legal. If the CBD is derived from cannabis with more than 0.3% THC, it is then illegal, as the intoxicating cannabinoid — THC — remains a Schedule I substance, and then all substances derived from it, CBD included, would be considered Schedule I.
According to the FDA, CBD derived from hemp plants is still not approved for use in medicinal products or in food and drink products. In September 2018, prior to the passage of the 2018 Hemp Farming Bill, the DEA released a statement announcing that CBD products that had been approved by the U.S. Food and Drug Administration (FDA) and contain less with THC levels below .1% would be classified as a Schedule V substance.
From the FDA:
But the cat is out of the bag, and there are a lot of companies who are already selling CBD-infused edibles and consumables, such as gummies, CBD-infused chocolate, honey, coffee, water, beer, etc.
So for CBD consumers and potential consumers:
Always check products' tags that should read how any statements have not been evaluated by the FDA, as well as for the Certificates of Analyses (COAs), or lab tests. You can call the labs to verify if the content is as reported based on the sample.
And while many CBD companies claiming CBD to be the end-all cure-all for all ailments, consult a medical professional before using CBD.
Hemp-derived CBD is legal. And while many CBD companies are operating outside of FDA regulation, the consumption of CBD products will continue and will seem to continue for some time.