The Federal Legality of CBD: An Analysis
In recent years, cannabidiol (CBD), a compound present in the Cannabis Sativa plant, commonly known as marijuana, has become an increasingly popular substance worldwide. Derived mainly from hemp, a type of Cannabis plant containing less than 0.3% THC – the psychoactive part of Cannabis that produces the “high” sensation – CBD has no such intoxicating effects. Multiple health benefits have been associated with CBD, transforming it into one of the novel medicines of the 21st century.
Yet, one question continuously looms over anyone interested in CBD: Is CBD federally legal? This query is a pertinent one, as the status of CBD has historically been intertwined with that of the Cannabis plant itself. Hence, it’s essential for potential users, manufacturers, and sellers to understand the federal legality of CBD in their respective jurisdictions.
In the United States specifically, the legality of CBD is somewhat convoluted due to its association with marijuana, a Schedule I substance under the Controlled Substances Act (CSA). This classification marks marijuana as a drug with no currently accepted medical use and a high potential for abuse. However, it’s crucial to note that CBD derived from hemp was cleared from this categorization, unlike CBD derived from marijuana.
The Hemp Farming Act of 2018 played a significant role in differentiating hemp from other Cannabis plants for federal purposes. The act removed hemp from the CSA’s list of controlled substances and classified it as an agricultural commodity. As such, hemp-derived products, including CBD, became federally legal in the United States, as long as they contain less than 0.3% THC, according to the act.
However, this doesn’t mean CBD is free from any regulations. The Food and Drug Administration (FDA) has held its position that CBD is a drug ingredient; hence, it cannot be added to food for human or animal consumption or marketed as dietary supplements. The FDA has approved a CBD-based drug, Epidiolex, used for treating two severe forms of epilepsy, which reinforces the medicinal application of CBD. However, this decision also means that other CBD products are still yet to be fully authorized at a federal level.
State laws concerning CBD also introduce another layer of complexity. While CBD derived from hemp is federally legal, some states have rules and regulations that differ from the federal law. As a result, CBD may be entirely legal, conditionally legal, or illegal, depending on the state law. Therefore, although CBD qualifies as one of the novel medicines due to its health benefits, the regulations can limit its use.
In conclusion, the question, “Is CBD federally legal?” can be answered in the affirmative, as long as it derives from hemp and contains a THC level of less than 0.3%. However, the FDA’s regulations, coupled with various state laws, can affect the broader acceptance and usage of CBD. The trajectory of CBD as a
novel medicine
will depend on future developments in these laws, further research into its benefits and potential harms, and the preparedness of lawmakers to reassess the existing restrictions surrounding it.