Is CBD Legal in the US?

There are a lot of concerns and misconceptions surrounding the use cannabis and cannabis derived products in the US. Such can also be said to be the case for CBD oil, which has had a lot of hype in recent times—for good and for bad.


But is CBD actually legal for use in the US? Can a person buy and take CBD oil and any similar CBD products without fear of getting themselves into trouble, or should you be careful when using CBD products for legality purposes?

What Is CBD?

At its very simplest, CBD is a derivative of cannabis—more accurately known as a cannabidiol product. More specifically, CBD is actually a chemical compound that is found naturally in cannabis plants. When extracted from the cannabis plants and purified into a form of CBD oil or the like, it is primarily taken for medicinal purposes.


Unlike its chemical cousin, the chemical compound known as THC, there are many properties of CBD oil that help to make it suitable for use as a health boosting product. The most notable of these differences is the fact that CBD is not psychoactive, as THC is, which means that you won’t get high when taking CBD based products.


Cannabis plants contain hundreds of different cannabidiol chemicals, but cannabis generally gets a bad reputation due to the large prevalence of THC that the plants contain. However, the other compounds contained within cannabis are largely safe to use and don’t instigate the side effects that THC can result in.


Studies carried out into the health benefits of the CBD cannabinoid have proved that there are many different ways in which the use of CBD can help. This has helped the overall reputation of CBD products in modern times reach new heights, and more people are using it on a yearly basis.

Where Does CBD Actually Come From?

It is important to note that, when we say “CBD comes from cannabis”, there is still a slight distinction to make. In reality, most of the CBD that is now sold on the market is actually derived not from traditional cannabis strains—the ones that are generally used for recreational purposes—but instead from specialist hemp strains that contain next to no THC content—thereby meaning that they do not give users the high that most cannabis plants do. Hemp is still a variety of cannabis plants in its own right, though.

Is CBD Legal?

The question of, is CBD oil legal, is a notably hard one to answer. At first thought, one might say that the product isn’t legal because it is derived from cannabis, which is well known for being an illegal drug—but the reality is somewhat more complicated.

The Legality of Cannabis Use in the US

For a start, the use of cannabis (for medicinal and sometimes even recreational purposes) is not actually as illegal as it might seem. Indeed, the use of cannabis is now actually legalized in a large number of different US states; the use of cannabis is legal in as many as 33 different states for medical use and 11 for recreational use.


In addition to this—further fuelling the confusion of the topic—the recreational use of cannabis is also decriminalized in as many as 15 states. This can make the entire topic of cannabis legalities one which is understandably hard to understand for many people, especially in the case of CBD and its products which are merely derived from cannabis.

What About CBD?

When it comes to discussing whether or not CBD is actually legal, it is important to note that CBD is derived almost exclusively from the hemp plant. Hemp is a specialized strain of cannabis that is unique in the fact that it contains incredibly marginal levels of THC (the cannabidiol compound that is responsible for the high that cannabis can traditionally result in).


When it comes to buying CBD oil or CBD Vape products, you might find yourself a little confused about whether or not the products are legal in your area. As such, it is important to learn a little more about the topic before deciding on whether or not taking CBD oil is legal for where you are.


Back in 2018, President Trump signed for the new Farm Bill that made the cultivation and marketing of CBD products (derived from hemp plants of a THC content of 0.3% or lower) legal. However, following on from this, the FDA made an additional statement that the sale of such products would only be legal in cases wherein the products themselves had been thoroughly reviewed and approved by the FDA.


As such, this goes to show that CBD oil and CBD vape products, when purchased from a reputable source that has had their products reviewed.

In Summary

CBD products are legal to buy and use in the US, but there are a number of regulations in place surrounding this statement. Indeed, CBD oil and CBD vape products are only legal, as of the 2018 Farm Bill that was passed by President Trump, in cases where:


  • The products in question have been derived from hemp plants which have a THC content of 0.3% or lower
  • The CBD oil, vape or product has been thoroughly reviewed by the FDA and has subsequently been approved for sale and distribution in line with these assessments.


Products which do not meet these important requirements cannot be sold legally in the US. As such, if you are looking to buy CBD oil or buy CBD vape products, always check that the items that you are buying have been approved by the relevant authorities before buying! After all, there are a number of different places that you can buy CBD in Florida—but there is no guarantee that these will be legitimate places to buy all of your CBD products!


So, don’t settle for a second best quality product; choose us at Shaka CBD to help you find the perfect products for your CBD health needs today!

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