There are many people who are recommended to use CBD to treat some type of ailment that they face but are unsure about its legality aspect in 2019. The fact is that using CBD as medicine is very much legal, but only under specific conditions. Although some reforms introduced recently have helped define CBD’s legal status, few are still considered to be unclear, while others will be required. Without understanding its legal status in today’s date, going ahead with its usage will be quite tricky.

Legality aspects of CBD

The truth is that CBD’s legality aspect tends to vary from one state to the other as well as federally. One important determining factor is if it is derived from marijuana or hemp. Although both plants are termed to be close relatives, under law, they have been classified differently. To use CBD as a medicine, it will be essential to know the difference.

The legality of Marijuana vs. Hemp

They are plants classified under the Cannabis genus and have the ability to produce CBD in abundance. They also share together several visual similarities. However, at a chemical level, both have THC in varying amounts. Hemp produces less than 0.3% of THC, while around 30% is produced by marijuana. The latter, if consumed, is likely to cause severe mind-altering effects and hence, is termed illegal in various countries, including the U.S.

Is CBD from Hemp legal?

If produced as defined by law and regulations, then it is legal. In the U.S. in 2018 was passed an Act removing hemp as Schedule 1 substance, thus classifying it as ‘agricultural commodity’. Based on DEA guidance, CBD being Schedule 1 substance is illegal. But if CBD derived adheres to new farm bill introduced, it is legal.

  • THC is to be less than 0.3%
  • Should be produced only by a licensed grower
  • Should adhere to shared federal-state regulations

Restrictions on transportation, possession, and sale were removed by the bill on hemp-derived CBD items.

Is CBD from Marijuana legal?

CBD from marijuana is considered to be somewhat complicated as the plant from which it is derived is itself illegal. At some places, marijuana is stated to be legal to be used for recreational purpose and the same goes for marijuana-derived CBD. But other states are said to allow CBD usage from marijuana only if it meets specific conditions like medical conditions, etc.