Is CBD Legal?

CBD

We get questions all the time about shipping CBD products across the USA. CBD is popping up in beauty products, at your daily coffee shop, and even at your health practitioners’ office, it’s everywhere. It can be ordered online and shipped throughout the entire US, but there is confusing information out there as far as if it’s actually legal in all states. We often get questions from customers and potential customers about the legality of shipping our products.

What is CBD?

CBD (cannabidiol) is one of the more than 114 cannabinoids found in the cannabis plant that we know of. The other common cannabinoid you’ve probably heard of is THC. Learn more about CBD basics in our CBD 101 post.

Is CBD Legal?

CBD products that contain less than 0.3% THC or below and are derived from hemp are now federally legal in all 50 states. This is due to the 2018 Farm Bill that President Trump signed into law. This separated cannabis with less than 0.3% THC or below from cannabis with higher amounts of THC. The 2018 Farm Bill removed hemp from DEA jurisdiction and moved it over to the United States Department of Agriculture (USDA). CBD products are now under the jurisdiction of the US Food and Drug Administration (FDA).

While this allowed states to open up hemp farming and CBD production, different states have adopted different rules and regulations.

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How do I know if my CBD is legal?

Make sure you review the COAs for your product. If the THC is at 0.3% or lower than you’re good to go! It is federally legal and by ordering online you are safe.

Some states require you to purchase your CBD in dispensaries or only allow CBD in certain products. That being said, because it is federally regulated being sold online allows you to purchase your CBD products from an online source and have it shipped to your door legally.

What are the FDA regulations on CBD?

While the FDA is technically the regulating body for CBD there are not any formal rules at this time. We are currently waiting on FDA guidance but in the meantime, many companies are still releasing their tinctures, topicals and treats. This is why we highly recommend understanding companies’ COAs and asking for those third-party test results.

What if I want products containing THC higher than 0.3%?

This varies again state by state. Many states, like Colorado and Oregon, have made recreational and medical cannabis use legal. However, that’s not the case in all states. Make sure you look at your local state’s rules and regulations. Products containing higher levels of THC are usually available at a dispensary. Depending on your state though, you may be able to grow a small number of plants in your own home for personal use.

Conclusion

By reviewing your local state laws you can feel comfortable with your CBD and THC use. Always know that you can order your CBD products online, just be sure to review the COAs to ensure that it has the potency you want and is federally legal.

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