Is CBD Legal?

Is CBD legal in all 50 states in the USA?

Is CBD Legal?

If you are just beginning to research this topic you may be wondering what is CBD, why should I care and is it legal? The first two questions are complex but the third is quite simple.

YES! CBD is legal in all 50 states and 40 countries.

In fact there are many misconceptions about CBD and our hope is that by the time you finish reading this page you will feel confident that yes it is legal and yes it is amazing!

Is CBD oil legal in all 50 states?

Legality of CBD

There is a lot of confusion in the United States in regards to the legality of industrial hemp, which is the plant our CBD is extracted. Let us explain how industrial hemp is legal and it’s brother, marijuana is not. The differences between these relatives are quite clear, not only in appearance but in their chemical makeup. First of all, the marijuana plant grows flowers and buds that contain mostly THC which are what create the psychoactive effects when heated and smoked. When the cannabis plant is bred to have high levels of CBD and very low levels of THC it is considered to be industrial hemp, which is legal. When the CBD from the industrial hemp plant is extracted it is also legal. When CBD is extracted from a marijuana plant it is considered federally illegal due to the fact it was extracted from an illegal marijuana plant.

On February 7, 2014 President Obama signed the Farm Bill of 2013 into law. Section 7606 of the act titled, “Legitimacy of Industrial Hemp Research”, defines industrial hemp as distinctly different from marijuana. It further states that as long as the Cannabis Sativa plant has less than .3% THC it qualifies as industrial hemp. It is legal to be grown in the United States and it is legal to import. It states growers can extract the CBD and its other cannabinoids from the flowers and leaves instead of the stalk, which is primarily used for industrial purposes. This bill is good for both businesses and individuals because industrial hemp grown domestically ensures a better quality product. Most industrial hemp overseas is extracted from the stalks and the CBD is a byproduct for the plants intended use for other markets such as clothing and for industrial material. It is not something treasured and used for its benefits. In fact, until the market presented itself it was often discarded. This is not the same CBD used in our products. Again, CBD grown for industry, often overseas is extracted from the stalk and does not contain the rich benefits of the other cannabinoids present in the leaves and flowers.

Furthermore, the Omnibus Appropriations Act of 2016, (P.L. 114-113) passed on December 18, 2015, contains this provision: “None of the funds made available by this act or any other act may be used to prohibit the transportation, processing, sale or use of industrial hemp that is grown or cultivated in accordance with the section 7606 of the Agricultural Act (Farm Bill) of 2014, within or outside the State in which the industrial hemp is grown or cultivated.” This Act was a huge victory for the industrial hemp market because it allowed hemp and all of its parts, such as CBD to be processed, transported and sold to all 50 states, including states that have not enacted industrial hemp laws pursuant to the Farm Bill.

Where does CBD at CBD BioCare come from?

If you read the above section, you now understand why knowing where your CBD oil comes from is crucial before you buy. At CBD BioCare, our CBD supplier is unique in that it is government registered. Plus, it is one of the only large scale, US based, legal producer and distributor, of the highest quality medicinal hemp in the United States. In addition, this means they are one of the the largest manufacturers of full-spectrum cannabis oil, CBD isolate, CBD concentrates, and CBD rich powders and liquids…..including one of the only companies in the world with zero THC full-spectrum and 100% bio-available CBD. When you buy from us you can feel confident that it is legal because it is extracted from the flowers and leaves from industrial hemp and that it is grown with quality as its number one priority.

Can I fail a drug test while using CBD?

This is a very common question and the simple answer is not likely. Why? Because our CBD contains such minimal amounts of THC that drug tests cannot detect it. Many employers test their employees for recreational drug use. In fact, it is mandatory for federal employees. When drug testing is mandated, employers almost always follow the SAMHSA (Substance Abuse and Mental Health Services Administration) guidelines. THC is the chemical in marijuana which is responsible for causing people to get “high” and is easily detected through a urine screening. Fortunately, the urine drug screen for THC is known to have very little cross reactivity to other cannabinoids, which includes CBD. This is of course good news for normal consumers of CBD. That being said, consumers using extremely large doses of cannabinoid rich hemp oil products which are above 1000-2000 mg daily could theoretically have a false positive during an initial screening due to other non-THC metabolites or compounds which may cross react with the test. This is extremely rare. However, a second look with a more detailed study would most likely prove negative. This test is often called the Gas Chromatography / Mass Spectrometry) or GC/MS for short. We believe our consumers have the right to be fully informed, so please ask for the specific regulations imposed by your workforce and adjust consumption accordingly. If we can be of assistance please contact us for more information.

Confusion in the law after DEA Announcement on December 14, 2016

The Drug Enforcement Agency, (DEA) has slapped the CBD world across the face and sent patients and providers into a panic. The DEA has stated that all extracts from cannabis are now illegal because they could contain trace amounts of THC. Furthermore the DEA has stated that these extracts have no medicinal benefit. The DEA is now stating that as of January 13, 2017 all extracts will be classified as Schedule I drugs, just as marijuana and heroin.

Wait a minute!

If you are new to this topic let me back up, cannabis contains more than 80 cannabinoids, the two most dominant are Cannabidiol (CBD) and Tetrahydrocannabinol (THC). The only cannabinoid that can cause you to get high is THC. All others have been proven harmless and even beneficial, despite what the DEA is stating.

So why would the DEA make this statement when CBD and other cannabinoids cannot get users high?

Here’s the most bizarre twist, the government actually owns patent 6630507 that grants exclusive rights on the use of cannabinoids for treating neurological diseases, such as Alzheimer’s, Parkinson’s and stroke, and diseases caused by oxidative stress, such as heart attack, Crohn’s disease, diabetes and arthritis. The patent is not new, in fact it was applied for in 1999 and granted in 2003 to the US Department of Health and Human Services. So how can any government agency make a claim that it is not medically beneficial?

Furthermore, the DEA is a law enforcement agency, not a law making agency. So this agency has no right to try and rewrite laws that already make CBD and its extracts legal. Currently hemp, which is partially defined as cannabis with less than .03% THC is legal. It is legal in all 50 states according to Section 7606 of the 2014 Farm Bill legalized hemp cultivation in the United States. Subsequent additions to the 2015 and 2016 Congressional Appropriations Act prohibited the DEA from going after the products produced under these pilot programs mentioned in the Bill.

So what is the DEA’s motivation? Are they going to begin raiding the homes of families who are treating a child’s seizures with CBD? Or how about a man who is treating tremors caused from Parkinson’s? It is impossible to overdose and no one has ever died from CBD or marijuana for that fact. It doesn’t make sense until you begin to evaluate the financial fallout to the large pharmaceutical companies due to the success of an herbal extract that helps to treat literally dozens of medical conditions. What happens to Big Pharma when its expensive prescription medications are potentially replaced by a simple extract that doesn’t even require a prescription?
Legal experts are weighing in and stating that there are federal laws that the DEA cannot bypass, if they do they will receive legal challenges from the industry.

So at CBD BioCare we stand by the law and are moving forward to abide by the law set forth in 2014.