Marijuana-derived CBD Legality

The legality of CBD products made from marijuana – cannabis plants that have over 0.3% THC and can go as high as 30% – is a completely different situation. Every U.S. state has their own legislation governing the legality of marijuana – and by extent, CBD products made from marijuana – that ranges from legal to prohibited. Moreover, it’s important to note that these laws are subject to change as more states recognize the safety and efficacy of CBD. The current breakdown is as follows:

Recreational CBD States

Washington D.C. and a total of 8 American states – Alaska, California, Colorado, Oregon, Massachusetts, Maine, Nevada and Washington – allow for recreational marijuana use, meaning that you can purchase and use marijuana-derived CBD products without a prescription in these areas.

Medical CBD States

The use of marijuana and marijuana-derived CBD for difficult-to-treat conditions such as severe epilepsy and multiple sclerosis has rapidly grown over the past two decades. As of right now, 46 states – including the 8 mentioned above – allow for the medical use of CBD.

In these 46 states, you must have a medical prescription to obtain CBD products from licensed dispensaries. The amount of THC that can be present in these products varies by state, with some requiring 0.3% or lower, and others going as high as 8% (see table below for details).

More specifically, 29 of these states – Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and West Virginia – allow for the medicinal use of all marijuana products, including CBD.

The other 17 states (including Delaware from the above 29) – Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming – have special legislation allowing only for medical CBD oil use.

Illegal CBD States

All marijuana products – including marijuana-derived CBD – are currently illegal under the law in 4 states – Idaho, Kansas, Nebraska, and South Dakota. However, some local businesses are still able to sell CBD products in these states due to either a lack of enforcement or the difficulty of interpreting federal and state laws.

For example, one Idaho CBD business has skirted around the legality issue by claiming that all of their CBD is derived from mature cannabis stalks, which are not considered marijuana in that state. It is situations like this that exemplify the often confusing and contradictory nature of CBD legality.

Big Pharma and CBD

The British company GW Pharmaceuticals has developed a drug called Epidiolex for treatment-resistant epilepsy that contains 99% pure CBD. Epidiolex has passed 3 out of 4 phases of clinical trials, meaning that the FDA is on the verge of approving its use in the United States, with some estimates suggesting it may be available as early as 2018.

Some skeptics believe that the reason why the FDA is cracking down on marijuana and CBD businesses is because they make billions from approving Big Pharma drugs such as Epidiolex. In addition, Epidiolex is expected to cost anywhere from $2,500 to $5,000 a month, making it quite expensive when not covered by medical insurance.

The Future of CBD Legality in the U.S.

Although an increasing number of doctors and researchers such as Dr. Nora Volkow, the president of the National Institute on Drug Abuse, recognize the amazing potential of cannabidiol, this sentiment does not seem to be shared by the rest of the American government.

Most notably, the FDA considers CBD an unapproved new drug that is currently undergoing clinical research investigation (such as the case with Epidiolex). This means that CBD cannot be sold as a dietary supplement, and the FDA explicitly states so on their website. However, with the exception of sending warning letters to CBD companies, the FDA has not chosen to enforce this stance. This may be due to several reasons, including:

• The legal status of hemp, which serves as the major source of CBD products
• The fact that CBD is non-psychoactive
• The fact that CBD supplements are not yet competing with Big Pharma CBD drugs

On the other hand, the Drug Enforcement Agency (DEA) recently announced that any “marihuana extract” product – including CBD – is considered a Schedule 1 controlled substance, which would theoretically make all CBD products illegal. This announcement was met with swift opposition from CBD users and companies alike, with the Hemp Industries Association taking the DEA to court. But much like the FDA, the DEA has yet to actually enforce this ruling.

Conclusion

If there is one way to summarize the current legal status of CBD in the United States, it’s that it is legal to purchase and use without a prescription if derived from hemp. And despite the fact that the FDA’s and DEA’s official stance is that CBD is a drug, they have not made any major moves to enforce this policy, and CBD supplements continue to be sold by dozens of American businesses. CBD derived from marijuana, on the other hand, is legal in most states if you obtain a medical prescription.

While it’s hard to say what will happen in the future, it seems likely that CBD will remain legal because it is effective, safe, and non-intoxicating. And if marijuana legalization is any indication, the United States and the rest of the world seem to be moving towards accepting the medical uses of many drugs previously considered dangerous.