Is CBD legal?

You're not the only one who's hearing a lot about CBD these days. CBD has been gaining considerable attention for its potential health and wellness properties. In 2019, the CBD market was valued at $591 million and is expected to grow to $22 billion by 2022. No doubt, the CBD wave has hit the United States and is growing momentum around the world. With all this growth, is CBD legal?



Is CBD legal in the US?

Many people are confused about the legality of CBD. The short answer is that, yes, hemp derived products (like CBD) are legal in the US (provided it comes from hemp with 0.3% THC or less). But it's not quite that simple. Let's take a closer look at the federal and state laws governing CBD to get a better understanding of its legal status.

The Federal Law on Hemp-derived CBD

In December 2018, the Agriculture Improvement Act of 2018 (commonly known as the Farm Bill) was signed into law. The Farm Bill legalized the cultivation and use of industrial hemp throughout the US. To qualify, hemp must have THC levels below 0.3%.

The Farm Bill removed industrial hemp from the list of Schedule I drugs under the Controlled Substances Act (CSA). This act classifies substances with a high potential for abuse and no accepted medical use as Schedule I drugs. Other notable Schedule I drugs include heroin, LSD, and MDMA (ecstasy). Cannabis (also called marijuana) is still classified as a Schedule I drug under the CSA and is therefore illegal at the federal level.

By removing industrial hemp from the list of Schedule I drugs, the Farm Bill effectively legalized CBD that is derived from hemp with THC levels below 0.3%. This means that CBD products that meet this criteria can be legally bought and sold in the US. However, states can make their own rules.

The Farm Bill was a landmark victory for the hemp industry as it opened the door for research, cultivation, and the opportunity for hemp-derived CBD to be used by millions of Americans.

The State Law on CBD

Since the Farm Bill passed, there has been much confusion about CBD and its legal status. Some people believe that as long as it comes from hemp, it must be legal. However, this is not always the case. One big caveat to this is that each state can set its own CBD regulations! Yep, things are still a bit confusing so it is important for you to understand the regulations in the state where you live or travel to.

Who regulates the quality of CBD products?

Even though hemp-derived CBD products under 0.3% THC are legal under the Farm Bill, it is the responsibility of each state to regulate sales and quality testing standards. As unique as each state is, so are its quality testing requirements. Some states require no testing for heavy metals, pesticides, or toxins (like salmonella). Colorado and California top the list for having the most rigorous state testing requirements.

Does Ashford Wellness test for quality?

YES! At Ashford Wellness, we strongly believe these products should pass a very high level of quality testing. We recognize that people are using these products for health and wellness purposes. The last thing people need is harmful substances complicating their path to wellness. Since products from varying states all have different testing requirements, Ashford Wellness created its own rigorous evaluation process. Every product on the Ashford Wellness platform must pass strict testing requirements including analysis for the following:

  • Cannabinoid content
  • Microbials
  • Mycotoxins
  • Pesticides
  • Heavy Metals
  • Residual Solvents

To promote transparency, we include a Certificate of Analysis for every product we test on the product page. As consumers become savvier, they are demanding higher quality products. We believe this is the way it should be and will continue to set our standards high.

Can I fly with CBD in the US?

The TSA updated its policies in May of 2019 to allow people to bring hemp-derived CBD products in either checked or carry-on bags. The new policy is in line with the FDA's position that CBD products are legal as long as they contain no more than 0.3% THC.

Can I take CBD products across state lines?

The short answer is: maybe. While the federal government has legalized hemp-derived CBD with THC levels below 0.3%, each state sets its own laws and regulations. Three states that you may want to double-check include Idaho, Nebraska and South Dakota. Regulations change daily so the best way to avoid any issues is to check the CBD laws in each state before you travel. This way, you can be sure that you are not breaking any laws.

Do the regulations change?

Yes, all the time! As the CBD market continues to grow, regulations will likely change. So, it is important to stay up-to-date on the latest news. When in doubt, always check the regulations in your state and states you are traveling to.

Can I travel to other countries with CBD?

It's best to check the laws of the country you are visiting before traveling with CBD. Some countries have very strict laws (including jail time) against cannabis and CBD products, even if they contain only CBD or very low levels of THC. Just as the laws continue to evolve in the US, many other countries are creating their own policies governing the use of CBD and cannabis. It is best to do your research before traveling.

In summary:

Thanks to the Farm Bill, hemp and hemp-derived CBD products are legal in the US as long as they contain less than 0.3% THC. The US States can make their own policies regarding CBD so it is important to know the regulations for your state. When traveling, it is wise to look up the CBD rules and regulations for the state and/or country you are traveling to.

CBD product quality is regulated by each state, and as such, the quality of products varies greatly. When considering purchasing a CBD product, it is important to look for a Certificate of Analysis that tests for cannabinoid content, microbials, mycotoxins, heavy metals, pesticides and residual solvents. To help you easily identify high-quality products, all of the products on the Ashford Wellness platform undergo thorough testing.

Now that you know more about the legality of CBD, let's explore how CBD is being used.

Disclaimer: While we make every effort to keep this information up to date, the legal landscape of CBD is still likely to change rapidly. We recommend checking your state and local laws before purchasing or consuming any CBD products. This post is intended for general informational purposes only and not intended as legal or medical advice. Readers should do their own research or contact an attorney or physician when seeking advice.

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