Cannabidiol, or CBD, has caught the attention of both the medical and legal community over the past decade. Many studies using CBD oil have proven to be beneficial for sufferers of minor afflictions, such as arthritis, and even greater afflictions, like epilepsy. CBD, however, has faced an uphill battle due to its association with cannabis, another product that comes from the hemp plant. Cannabis can contain intoxicating that are regulated by the U.S. Drug Enforcement Agency. While the two components of the plant are greatly different, the similarities have caused a haze concerning the legality of the possession and purchase of CBD oil.
The Agricultural Act of 2014 provides the guideline as to the legality of CBD oil in the United States. The act states that if a plant is legal, anything derived from the plant is also legal. This includes both hemp and CBD oil for example. The act provides guidelines on what makes a legal plant different from one that is illegal.
The legality of a plant relies on its level of tetrahydrocannabinol (THC). If the THC content of the plant is at or below .3 percent, it is considered to be legal. THC is the psychoactive component of the plant, the chemical that makes you “high.” Plants containing less than .3 percent THC, do not have the ability to have this psychoactive effect on a user. Because of this, anything derived from a plant in this category – whether it be CBD oil or hemp – it is within federal regulations. Of course, the growth of the plant must meet regulations under the U.S. Department of Agriculture. If the CBD oil is derived from a plant that has more than .3 percent THC, even if the CBD itself has no THC, it is technically illegal.
Another indicator of the legality of CBD oil involves commerce regulations. For example, whatever a state law may be, a national or global company cannot sell products in the United States that are illegal. Amazon is just one of many places you can order CBD oil online, and there is no commerce regulation that prevents them from shipping the product to any state. If you type “CBD oil” in the search menu of this online marketplace, you will have purchase options from a variety of national and global companies. All of these products can be shipped to any state in the U.S.
In conclusion, the Agricultural Act of 2014 provides the clearest indicator of the legality of CBD oil. When looking at the legality of the purchase, possession and sale of CBD oil in the United States, the plant where the chemical is derived provides the main indicator. The chemical or product taken from the plant, whether it be CBD, hemp or another related product, is only legal if the plant contains less than .3 percent THC and is grown under the agricultural guidelines of the USDA.
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