Is CBD Oil Legal In The USA?

A lot of people have the “Is CBD Oil Legal” question on their minds these days. The answer to this is “Mostly, but with exceptions.” The waters have been muddied further with the Farm Act of 2018. Following is a look at how CBD is different from THC, how CBD shows up on drug tests, and the matter of whether or not CBD is legal federally.

How Are THC And CBD Different?

CBD or cannabidiol is one among the many types of cannabinoids. Cannabinoids are simply naturally occurring chemicals which are found in the cannabis plant, and there are roughly 113 of them. Cannabis plants can be classified into marijuana plants and hemp plants, and yes, there’s a difference. CBD is the second-most commonly found of the cannabinoids in the plant, while THC is another.

The main distinction between the two is that THC is responsible for causing the “high” that recreational marijuana users strive to experience. The fact is that these two compounds (CBD and THC) can be separated. When it comes to medical marijuana, you generally see both of them together, but it is possible to derive the two cannabinoids separately from the same plant. CBD is basically what produces positive side effects. In other words, CBD and THC are two unique cannabinoids which have separate properties. CBD taken in its pure form cannot get you high.

What Does The Farm Act Do For CBD From Hemp Plants?

The Agricultural Act which was passed in 2014, also called the 2014 Farm Bill, was for all intents and purposes a pilot program intended for the hemp industry. The core cultivation activities were legalized, and since then the hemp industry has grown in many ways. Then in 2018, the Senate and the House passed the new Farm Act. This Act removes hemp from the Schedule 1 Controlled Substances list. After the bill went into law, a statement was issued by the FDA saying that for any sale of CBD products marked as therapeutically beneficial or as a dietary supplement would only be legal after review and approval by the FDA.

The Federal standpoint is that CBD is the same as any agricultural commodity, which makes growing and purchasing it legal in the U.S. This extends to giving hemp cultivators water rights, grants, research, marketing, and insurance, almost exactly the way other crop growers would be given these same things. And despite hemp-derived CBD taken from marijuana plant still being subject to the laws in individual states, CBD sourced from hemp products can be bought and consumed in all of the states provided it is grown as permitted by the Act.

When Do CBD Drug Tests Come Back Positive?

Most drug tests conducted these days are meant to screen for the presence of specific illegal drugs as well as prescription drugs and other compounds, in hair, urine, blood or saliva. The standard urine test for marijuana makes use of antibodies which react with THC, which is the “high” producing cannbinoid in cannabis. This antibody is not able to detect CBD when the latter is present by itself.

For standard users of CBD oil (where the oil has under 0.3 percent THC), a drug test’s results would return negative. However, this does not mean that just about any amount can be imbibed without consequences. There could be a positive test result in a case where, say, a person took in 1,000 mg of CBD oil daily, in which case they would be exposed to roughly 3 mg of THC daily. The result would be positive despite the user not taking traditional marijuana.

If you have a lot of drug testing going on in your life, or a drug test looks like it could come up in the near future, it would be for the best if you found a CBD oil which has no THC in it. Sure these cost more, but you can also avoid the chances of throwing a positive while testing urine for THC.

Is CBD Legal Federally?

CBD oil from hemp plants that is harvested in accordance with the Farm Bill as well as with the precedents set by the Congress, should contain no more than 0.3 percent THC. Such oils are federally legal. This legality also extends to individual state level in many states, and even despite that, it serves well to proceed with caution.

Like with a lot of other supplements you see on the market, any CBD oil’s quality could affect what benefits it is capable of providing. This decides how your health would be impacted if you were to take it. Doing some research by yourself should be top priority if you are looking for major health benefits, especially in the long run. It doesn’t matter what a product promises you; your undiminished health should be the deciding factor.