In recent years, the CBD industry has witnessed an unprecedented surge in popularity, with products ranging from tinctures, edibles, pet treats, and skincare flooding the market. Financial analysts predict the industry will reach $20 billion in the United States by 2025.
While CBD, or cannabidiol, is derived from the cannabis plant, it lacks the psychoactive properties associated with its cousin, THC.
CBD offers promising health benefits, understanding and navigating its legal landscape is paramount. Despite its potential therapeutic benefits, the legal status of CBD remains a complex and evolving terrain demanding careful consideration.
This raises the question, “Is CBD legal?”
In short, the answer is “yes” and has greater complexity to examine beyond a
one word reply.
A pivotal moment for the industry occurred with the passage of the Agriculture Improvement Act of 2018, commonly known as the Farm Bill. This legislation removed hemp from the list of controlled substances, distinguishing it from marijuana. Hemp is defined as cannabis containing less than 0.3% THC, making it legal at the federal level to cultivate, process, and distribute hemp-derived CBD.
While the Farm Bill provides a federal framework, individual states retain the right to regulate CBD within their borders. The legal status of CBD products may vary from one state to another. Some states have embraced a accepting approach, allowing a wide range of products, while others maintain stricter regulations or outright bans.
The Food and Drug Administration (FDA) also plays a role in overseeing the safety and marketing of CBD products. Currently, the Food and Drug Administration (FDA) does not regulate the use of CBD, nor do they provide recommendations for dosage. The only FDA approved CBD-derived pharmaceutical drug is Epidiolex, prescribed for the treatment of specific seizure disorders..
CBD product manufacturers must follow strict guidelines regarding marketing and labeling. Making unsubstantiated health claims or misrepresenting the content of products can lead to legal repercussions. Compliance with both federal and state regulations is crucial in avoiding legal challenges and maintaining consumer trust.
When selecting CBD products, do some research, and choose a quality source by examining the product’s COA(Certificate of Analysis) to ensure that it has been tested for purity, and is free of THC or harmful contaminants.
In addition to federal or state legislation; your employer may have policies regarding legal or illegal substance use. While CBD itself is not typically screened for in drug tests, the presence of trace amounts of THC in some CBD products could potentially lead to positive results.
Familiarize yourself with your employers policies to remain compliant and avoid unfavorable consequences.
Given the unique nature of the CBD industry, staying informed about legal developments is essential. Legislative changes, court decisions, and evolving guidelines can impact the legal landscape. Businesses and consumers must stay vigilant in navigating the complex legal aspects.
It is recommended that prior to any life change regarding your health, consult a physician or trusted medical professional to discuss all concerns.