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 has not been as easily farmed however that is getting ready to change due to the passing of the 2018 Farm Bill. 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:
- Import: It is currently legal to import CBD from the stalks but not the flowers.
- 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.
- Domestic Hemp Programs: This is the most readily available way to purchase CBD. Buying from a legal hemp program that complies with the 2018 Farm Bill is the easiest way to buy. This law clearly states that CBD can be extracted from hemp and processed as food.
Legalization of Hemp
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 was again passed in 2018, officially named the Agricultural Improvement Act. It passed in December 2018 officially legalizing hemp. This was a major victory for the industry for several reasons. First and foremost, it removed CBD as a federally registered, Schedule I drug. It also puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the law. The bill also opened access to farmers. Hemp will now be treated like other agricultural commodities in many ways. Although it will remain heavily regulated, it will become more of a mainstream crop. Farmers will also be able to seek protections under the Federal Crop Insurance Act. This act will assist farmers who face any unexpected crop losses. This protection was unavailable previously. Furthermore, section 7605 and 7501 extends the protections for hemp research and will allow scientist to conduct their studies more freely. This provision recognizes the importance and opportunity of the plant and the products that can be derived from it.
Where does our CBD BioCare come from?
At CBD BioCare, our CBD suppliers comply 100% with the 2018 Farm Bill. Plus, they are all US based, legal producers and distributors, of the highest quality medicinal hemp available. When you buy from us you can feel confident that it is legal, but also that it is the finest quality product available.
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.
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.
CBD is now regulated in Florida
On June 25, 2019, Florida's Governor, Ron DeSantis, signed Florida Bill 1020, regulating CBD and other hemp extracts in Florida. As a Florida based company, this is important and exciting information. The bill makes Florida yet another state to regulate the hemp industry, which is good news for consumers and companies dedicated to doing it right. The new Florida law creates a state hemp program within the Department of Agriculture and Consumer Services to promote the cultivation, handling, processing, and sale of hemp, hemp products, and hemp extract.
“Hemp extract” is defined as a substance or compound intended for ingestion that is derived from or contains hemp and does not contain any other controlled substances. Moving forward, no one can sell or distribute CBD in Florida without a certificate of analysis, (COA) prepared by a 3rd party testing facility. It must indicate the hemp extract is the product of a batch tested by the laboratory and that the batch contained a .3% or less THC or tetrahydrocannabinol. The testing results must also prove that the batch does not contain contaminants unsafe for human consumption.
Ingestible CBD must be distributed or sold in packaging that includes:
*A scannable barcode or quick response (QR) code that links to 3rd party testing results.
*Product batch or lot number
*Internet address where batch information can be found
*The milligrams of hemp extract per container
*A statement that the product contains less than .3% THC