We get a lot of questions asking whether or not CBD is legal. People hear about the benefits of cannabidiol but are hesitant to purchase it out of fear of prosecution. As a result, too many folks lose out on the numerous advantages that it has to offer.
It’s a shame to see so many people pass it up because they think they’ll go to jail, so we wanted to clarify the answer to the legality question for you. Hopefully, this will help to get CBD in the hands of those people who could benefit from it most.
So, is it legal? Can I be arrested for buying it?
No. Merkabah Labs‘ hemp oil products are 100% legal in all 50 states.
In fact, most CBD products are legal in all 50 states. There are, however, a few stipulations that you should understand here.
It’s important to note that there are two overarching categories of CBD products—those derived from hemp and those derived from marijuana. Although both substances come from the Cannabis plant, they have very different properties and affect the human body in different ways.
Distinguishing between the two is important because each substance has different laws that apply to it.
What’s the Difference Between Hemp and Marijuana CBD products?
CBD oil extracted from hemp has no psychoactive properties. It contains very tiny amounts of THC (the chemical in Cannabis that gets you high). So, you’re not going to get “stoned” by taking hemp extracts. In fact, it’s quite the opposite. hemp oil is known to help people feel more stable and balanced.
Hemp oil only contains, at the very most, around 0.3% THC. Marijuana oil, on the other hand, can contain as much as 30% THC. Therefore, using marijuana oil will most likely make you feel pretty stoned.
How Does This Affect CBD Laws?
Well, the difference is this: Marijuana is still classified as a Schedule I narcotic. It’s been this way since 1970 when the U.S government passed the Controlled Substances Act.
Essentially, this means that the Federal Government has yet to recognize that marijuana has some medicinal purposes. So, although we’re seeing legalization take place in a number of states, illegal possession can still be punished according to federal guidelines.
For many years, hemp has also been technically classified as a Schedule I narcotic, as well. The Controlled Substances Act states that all derivatives of the “marihuana” plant are to be regulated accordingly.
However, a few recent changes have shifted the legality of hemp products in the U.S.
The 2014 Farm Bill and the Legalization of Hemp
In February of 2014, former president Barack Obama passed his Agricultural Act, or what we call the “Farm Bill”. This bill was concerned with a number of topics related to agriculture and farming in the United States. It touched on a wide variety of topics including dairy regulations, land preservation and SNAP distribution.
Most relevant to our industry, however, was a section about hemp regulations. The Act stated that farmers would be allowed to grow, distribute and market hemp as long as they obtained proper licensure within their state.
According to Section 7606 of the Farm Bill, hemp is defined as any part of the Cannabis plant with a THC concentration of no more than 0.3%.
Because all hemp-extracted CBD contains 0.3% (many products contain even less), you can purchase it without the risk of prosecution.
Colorado Better Days CBD Products Are Safe and Legal
All of our hemp oil products are made in accordance with the 2014 Farm Bill. They’re created with lab-tested hemp extract and contain little-to-no THC whatsoever. They’re also 100% organic, vegan, non-GMO and gluten-free.