The question over whether or not CBD oil is legal in your State or country, should be a simple one to answer – or so you would think! Either something is illegal or it is legal, surely that is the bottom line.
Well the answer is yes…and
As they say “It’s Complicated” To clarify a little further…
The Agricultural Act
of 2014, also known as the 2014 Farm Bill, was essentially a pilot
program for the hemp industry by legalizing core cultivation activities that
have since enabled the hemp industry to grow in remarkable ways.
In December of 2018,
the House and Senate passed the new 2018 Farm Act. President Donald Trump
signed it off.
This Act removes the
hemp plant – officially defined as cannabis plants containing less than .3% THC
– from the Schedule 1 Controlled Substances list from a Congressional
Shortly after this went
into law, the FDA issued a statement stating any hemp-based CBD product that is
marketed as having therapeutic benefits or as a dietary supplement is illegal
to sell unless the FDA has reviewed and approved it.
While still considered
a Schedule 1 Controlled Substance by the DEA, CBD is considered same as any
other agricultural commodity from a federal viewpoint, making it legal to grow
and purchase in the United States.
It also provides
farmers who cultivate hemp the water rights and other grants, marketing,
research and insurance that would be expected of other growers of other crops.
This basically means that any farmer in the 50 states can grow the industrial hemp plant to produce CBD, as long as it is not produced from the high THC content ‘medical marijuana’ plants. As long as the THC (tetrahydrocannabinol) is below 0.3% then CBD oil is legal to produce and sell in your state, as long as it is grown in accordance with strict guidelines.
positive news happened in June 2018, the Food and Drug Administration approved
the first CBD-derived drug — Epidiolex, which contains purified CBD — to treat
certain childhood seizure syndromes.
Is CBD Oil Legal In
As for the United
Kingdom and Europe-wide, the THC element has to be lower than 0.2% THC in order
to comply with the most recent legislation. Furthermore, in order for it to be
sold ‘over the counter’ by retailers such as Holland and Barret, it must be
sold as a ‘food supplement’ and not make any claims as to medical benefits.
Bottom line is that
any CBD product must contain less than 0.2% THC to be fully legal in the UK and
throughout the European Union.
Any company promoting
CBD as a medicine must do so under special licence from the MHRA (Medicines and
Healthcare products Regulatory Agency) This licence is extremely difficult to
obtain, however if you are the husband of a government minister perhaps you
have some advantage when applying
for a licence to grow medicinal marijuana!