Is CBD Legal?

Legality of CBD derived from Hemp

There is a lot of confusion in the United States regarding cannabidiol (CBD). CBD by law is a legal extraction if it is derived from hemp. Hemp, according to law is defined as cannabis with very low tetrahydrocannabinol (THC), which is the molecule that can cause a high when heated. On the contrary, CBD derived from cannabis with high levels of THC is illegal in many states.

The confusion also stems from restrictions in farming. Unlike corn, wheat and other natural products, hemp cannot be farmed as freely. Until 2014, in the United States, the only legal hemp was imported mostly from Europe, China and Canada.

There are (3) ways to legally acquire CBD in the US:

  1. Import: It is currently legal to import CBD from the stalks but not the flowers.
  2. Medical Marijuana Programs: CBD extracted from marijuana is legal in some states, but this product can not move across state lines. To buy from this program you must also comply with the states laws to obtain the product.
  3. Domestic Hemp Programs: This is the most readily available way to purchase CBD. Buying from a legal hemp program that complies with the 2014 Farm Bill section 7606 is the easiest way to buy. This law clearly states that CBD can be extracted from hemp and processed as food.

2014 Farm Bill

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 conveyed to Departments of Agriculture and Institutions of higher learning the ability to grow, cultivate, process and market hemp as long as research projects were conducted in accordance with state and federal laws.

However, it wasn’t until an August 2016, issuance of a Statement of Principles by the USDA (also co-signed by DOJ/DEA and HHS/FDA) that federal agencies had a legal basis for the broad federal acceptance of hemp.

The bill further states that as long as the Cannabis Sativa plant has less than .3% THC it qualifies as industrial hemp. 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 CBD extracted overseas from true industrial hemp comes from the stalks and the CBD therefore is a by-product. The plants intended use is for other markets such as clothing, canvas and rope and for industrial material. It is not something treasured and used for its medicinal 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 our 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 suppliers comply 100% with the 2014 Farm Bill. Plus, it is one of the only large scale, US based, legal producers and distributors, of the highest quality medicinal hemp in the United States. When you buy from us you can feel confident that it is legal, but also that it is the finest quality product available.

Can I fail a drug test while using CBD?

This is a very common question and the simple answer is…. highly unlikely. Why? Because our CBD contains such minimal amounts of THC that drug tests cannot detect it. In fact, in many cases the molecules are not detectable even in our certificates of analysis performed by professional laboratories. 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 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.