The CBD industry is expected to generate$80 billion by 2030, given the availability of the product. From eating it to vaping it to applying it to your body, you can do pretty much everything with CBD these days.
But is selling and buying CBD products legal? A simple, brief answer is yes. A long, elaborative, and complicated answer would be: sometimes CBD is legal, other times not so much!
So why is it that the FDA approved CBD in Epidiolex, whereas the same drug regulatory authority has sent notices to other companies for endorsing the health benefits of their CBD-derived products?
The whole fiasco is a continuation of the long love-hate relationship between cannabis and America. From 1937 when the law changed cannabis’ status to Schedule I Drugs, till 2018, when Trump signed off organic CBD as legal, a lot has happened. To understand whether consuming CBD edibles, gummies, and applying lotion are legal, take a look at this blog.
But First, What is CBD?
CBD is one of the 113 compounds known as cannabidiol present in the cannabis plant. The second most prevalent substance in the cannabis plant, CBD, is considered legal if it’s derived from the hemp plant. This is because hemp contains less THC and doesn’t make one high.
On the other hand, if CBD is derived from the marijuana plant, it’s considered illegal. This is because marijuana is still enlisted in the DEA’s Schedule I Drugs and is illegal to sell or buy in most parts of the U.S.
How Does One Find Legal CBD Products?
When buying CBD products in the U.S, one has to take the following into account:
Source of CBD
Because hemp flowers have less than 0.3 percent of THC, CBD products derived from hemp plants are legal in all 50 states, with different exceptions in the law. On the other hand, due to the high amount of THC in marijuana and its own legal status, marijuana-based CBD is illegal.
How is THC Different?
THC is another one of the compounds present in cannabis plants. THC is said to have psychoactive agents that can cause intoxication. This is why CBD products with high traces of THC are illegal to buy and sell across the country.
So One Can Use CBD But Not THC?
That’s not entirely true! If a CBD product has less than 0.3 percent THC (according to the 2018 Farm Bill), it’s still legal to use in the states that allow it and in the Federal. In fact, researchers suggest that full-spectrum CBD edibles and CBD tinctures that contain CBD alongside less than 0.3 percent THC have more health benefits than isolated CBD products.
What is Organic CBD?
In addition to procuring from hemp flowers containing less than 0.3 percent THC, there’s another condition that makes CBD products legal or illegal. If a CBD product is made from an organic American-grown cannabis plant, it’s legal. If not, then you’re consuming illegal CBD products.
What are the Other Laws?
CBD products, despite the reported health benefits, still lie in the grey area of legality. To understand the complex CBD laws further, take a look below.
Federal and State Laws
In 2018, the Agricultural Improvement Act, commonly known as the Farm Bill, legalized CBD on the federal level. This is why within a 15-minute radius of the White House, one will find numerous CBD cafes and coffee. In addition, CBD was legalized in all 50 states with some variations in the state laws.
For example, some states like Virginia have required buyers to present a prescription to buy CBD products. In Florida, CBD edibles can be sold and bought without medical prescriptions.
FDA Laws
So far, FDA has only approved one CBD-containing drug called Epidiolex for the treatment of epilepsy. Other than that, FDA strictly prohibits manufacturers and sellers from promoting the health benefits of their CBD products. Violation of FDA restrictions has caused trouble for some companies in the past. As of now, FDA encourages research on CBD’s effectiveness and maintains that CBD should be cautiously used.
DEA Laws
Since 2018, the DEA has maintained that it only works on tracking and controlling large-scale drug operations. For CBD products, the DEA refers to FDA guidelines as the main authority overlooking CBD use in the U.S now happens to be the food and drug authority.
How to Take CBD?
If you’re buying organic CBD products derived from the hemp flowers in a state that allows free selling of CBD products, you’re good to go. Here are some of the ways you can use CBD.
Edibles
Organic CBD gummies, coffee, biscuits, cookies, and candies are all the rage right now. From online stores to gas stations, you’ll find a wide range of CDB edibles in states that allow its consumption.
Vapes
You can vape CBD products as long as you’re getting high on them. CBD and THC vaporizers and cartridges are okay to use as long they fall within the legal manufacturing boundary.
Topicals
There are various over-the-shelf CBD topicals available in the U.S. You can directly apply these products to specified parts of the skin and benefit from the healing or pain management properties.
Tinctures
For certain conditions, sublingual CBD products such as CBD tinctures have known health benefits. Again, one must be vigilant of the state laws and labels while buying CBD products online or in-store.
What Does CBD Help With?
Given that there’s a whole debate around the use, purchase, and selling of CBD products, one must wonder what the hype is about?
In truth, not much research is currently present to support the health benefits of CBD, as it was not widely available before 2018. However, in recent years, CBD-related research is garnering much-needed attention, and over time we’ll have more data to support CBD’s benefits.
For now, CBD is said to reduce chemotherapy side effects, reduce or stop epilepsy symptoms, help with arthritis pain management, and help with numerous other neuropsychological diseases.
Looking for Organic CBD in Miami?
If you’re looking to buy organic CBD edibles online, premium CBD hemp flowers, and CBD topicals in Miami, reach out to Mary Jane’s Bakery Co. The online CBD store provides a wide range of quality CBD products for oral and topical use.
Author Bio
The author is a Florida-based lawyer with experience in the Cannabis industry. The author advocates the medicinal and recreational use of CBD and THC.
