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So is CBD legal or what?!

By Leah Concialdi October 05, 2021

CBD is a molecule that is present in both marijuana and industrial hemp. What is the difference between the two though? Well, where CBD is derived from can greatly affect the legality of it. While all of the CBD oil at DiscoverCBD is legal to be used and shipped across the country, it's important to be able to differentiate the legal status of CBD derived from marijuana and CBD derived from industrial hemp. This is especially important for anyone traveling, so that they don't mistakenly break any laws. So, without further adieu, let’s break down one the most misunderstood dietary supplements on the market today.

 

CBD derived from marijuana plants are grown specifically to produce a high percentage of CBD, but they will inevitably have THC in them. THC is the psychoactive cannabinoid in marijuana that is known to get people “high.” In order to procure CBD rich marijuana products, you must obtain a medical marijuana license in the states where medical marijuana is legal, or be over 21 years old in states where recreational marijuana is permitted. However, since dispensaries are sometimes mandated to carry a certain percentage of THC or above, this can be an unviable option for those who frequently get drug tested or don't enjoy being intoxicated. 

 

When it comes to CBD that is derived from industrial hemp plants, that is a different story. The FDA has deemed CBD-rich oil derived from industrial hemp as a dietary supplement, since the 2018 Farm Bill. This means that it is not classified as a “medicine” and you do not need a prescription to obtain it. You can legally purchase CBD oil in any state, as long as it is below the 0.3% THC threshold. Hemp plants are bred to have the slightest trace amounts of THC, which means that CBD oil derived from these plants won't cause intoxication. That being said, many CBD extracts derived from industrial hemp are further refined to contain no THC at all -- either from isolating the CBD or removing the THC from a full spectrum extract. 

 

It can be important to know where your CBD comes from, and the differences between where your CBD is derived from. A little bit of knowledge in the world of CBD can help ensure you don't end up unintentionally intoxicated or breaking the law. 

 

 

 


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