It depends. . . Let me break it down.
The Farm Bill was passed in 2018 stating that it was legal to both grow and harvest hemp. This Act removed hemp and hemp-derived products from the Schedule 1 classification allowing CBD to be legal federally. The conditions of legality require the product be derived from hemp, not marijuana, with less than 0.3% THC.
This change leaves the choice of CBD legality to each state. Few states have provided a hard no and are limited to – Idaho, Iowa and South Dakota. Many have specific regulations on the type of hemp-derived products allowed so it is important to practice due diligence when purchasing or possessing CBD products.
Hemp vs. Marijuana
Hemp and marijuana occupy the same space beneath the Cannabis umbrella. The only distinction being that the former has less than 0.3% THC (the cannabinoid responsible for psychoactive effects). Once it surpasses the aforementioned percentage, it is considered marijuana and therefore relegated to a Schedule 1 substance.
How do you know?
Manufacturers submit samples of their CBD extracts and products to third-party testing labs to determine THC levels and maintain compliance. Each company should be able to send a Certificate of Analysis if requested and some even offer the information on their websites. Many crafters are electing to use extracts that have NO THC in order to eliminate worry.
What does Schedule 1 mean?
A Schedule 1 controlled substance is one that has a high potential for abuse and provides no medicinal use. Even a cursory search makes obvious that hemp does not meet these requirements. Times are changing though, and new findings are published all the time around the world. Stay hopeful.
Curious the hypocrisy surrounding US Patent No. 6,630,507 . . . but that’s for another time.