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Is Hemp Extracted CBD Legal in All 50 States?

The question “is CBD legal” goes back and forth a lot. We will do our best to keep you updated with the latest news and information on CBD and cannabis law. Please comment below if you have questions or concerns.

Is CBD Legal: Latest News and Updates

CBD Legal - Elixinol Hemp Protein Seeds

DEA: Feds won’t arrest CBD oil users, neither should Indiana

Excerpt from Interview: Payne: I’d do the same exact thing – without hesitation. I cannot blame these people for what they’re doing. They are not a priority for us… it would not be an appropriate use of federal resources to go after a mother because her child has epileptic seizures and has found something that can help and has helped. Are they breaking the law? Yes, they are. Are we going to break her door down? Absolutely not. And I don’t think she’ll be charged by any U.S. Attorney.

Payne says cannabis plants are considered a Schedule I controlled substance, and medicinal oils derived from cannabis plants are illegal according to two federal laws: the Controlled Substance Act and the Food, Drug and Cosmetic Act. Confusion surrounding the Agricultural Act of 2014 (known as the “Farm Bill”) is often used as legal justification to manufacture, sell or use CBD oil. The DEA believes the Farm Bill permits only CBD research — not CBD marketing and sales.

Indiana has declared CBD oil to be illegal.

It is everyone’s responsibility to ensure they’re complying with local law enforcement anytime they make a CBD purchase online. CBD oil is technically legal and able to be distributed in all 50 states as long as it is derived from the hemp plant, although there is always the risk of misinterpretation as noted below by officials in Indiana.

Indiana Attorney General Curtis Hill said products that contain cannabis are considered a Schedule 1 controlled substance under federal law and, therefore, are illegal – even for people who say CBD oil gives them tremendous pain relief to deal with broken bones, chronic back pain or chemotherapy treatments.

“You’re doing it at your own risk,” Hill told WTHR. “Maybe someone raids. Maybe someone doesn’t. But since these substances are considered unlawful, they could be subject to seizure.”

Is It Legal to Mail CBD Oil?

The Cannabis sativa L. plant has several different varieties. Industrial hemp is used to make oils, textiles, and other goods. It contains little to no THC and small amounts of CBD.

Industrial hemp is legal to import and ship across state lines and process into various products, including CBD oils, so long as they contain less than 0.3% delta-9 tetrahydrocannabinol.

The most troubling aspect of the rise in CBD oil products on the market is the lack of quality control. There are no federal guidelines or standards, so a product may contain residual solvents or chemicals with no knowledge to the consumer and no accountability for the company.

This is why it is important to work with a company you trust.

Without testing regulations, it’s difficult to know how much CBD is in the oil, whether it’s labeled accurately, or if it contains residual solvents from extraction.

The FDA also issued a warning to these companies in 2015 for making false claims of effectiveness and medicinal benefits. “Your products are not generally recognized as safe and effective,” the letter read. “Additionally, your product is offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners.”

For all of these reasons, we have strict quality standards when it comes to the testing performed on every product we sell. Our manufacturers use rigorous lab testing to ensure their products are properly labeled and pure for safe consumption.

CBD is one of many non-intoxicating cannabinoids found in hemp and cannabis plants. Due to its relation to marijuana, there are many concerns from customers over its legality. While that is certainly a valid concern, hemp-based CBD products are sold in all 50 states.

There are many products that come from agricultural hemp, like hemp protein, hemp seeds, and hemp-based CBD oil, that are legally produced and shipped to all 50 states. This includes a thriving hemp-based CBD industry. The Hemp Industry Association won this battle in court years ago.

CBD is a naturally occurring chemical compound, like lycopene in tomatoes, resveratrol in wine, or polyphenols in chocolate. CBD doesn’t officially claim to cure or prevent any disease, but people are flocking to hemp-based oils that contain cannabinoids for a thousand different reasons. And, the industry is thriving because people are finding so much enjoyment and use of this dietary supplement.

CBD products from cannabis are covered by those same legal protections in the 28 states where marijuana is legal. 16 states have passed CBD-only laws, which legalize the possession and use of cannabis-based CBD products for specific qualifying conditions. This is not the case for THC-based cannabis products.

Six states – Idaho, South Dakota, Nebraska, Kansas, Indiana, and West Virginia – consider all of the cannabis plant illegal, including CBD derived from cannabis. However, CBD produced from hemp is still legally sold in all 50 U.S. states.

We are proud to announce that all of the national brands we work with, including Elixinol, Pharma CBD, PlusCBD, ship to all 50 states. We also take pride in introducing our customers to companies that produce certified high quality, multi-spectrum, non-isolate CBD products from agricultural hemp.

According to DEA spokesperson Baer, a CBD product’s legality will also depend on where it is sourced.

“If the CBD was derived from the non-psychoactive part of the cannabis plant, ‘then you’re talking a non-controlled substance.” – Russ Baer, DEA spokesperson

This means whole hemp products that may contain CBD are legal, but CBD isolate products are not. Therefore, hemp seed oil is federally legal.

More on this issue:

Rohrabacher–Farr amendment

None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.



    • I hear this question asked a lot. Marijuana drug tests check for THC, not CBD.

      Hemp based CBD extracts have a miniscule amount of THC. So, your chances of testing positive for THC is the same as the risk of your chance to test positive for opiods if you eat poppy seed bagels.

      So, yes there is a risk, but it is very small. It does increase if you use CBD in large quantities and for prolonged periods of time. However, if you use in moderation, or stop using it before a drug test, you won’t test positive.

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