Your Cart

Your basket is empty
$0.00
Subtotal $0.00
Continue Shopping
SHOP LEARN
Skin Care
Face & Neck Care Eye Care Body Hand & Foot
Sensual
Bundles
All
---
Face & Neck Eye Care Body, Hand & Foot
Knowledge Center
CBD Basics CBD & The Human Body Science & Health The Hemp Plant
Our Story
Our Process
Blog
FAQ
Lab Results
Help Center
Come Work With Us
Search Login Contact us
Botanima Organics – Organic CBD Products
  • SHOP
  • LEARN
  • CBD Skin Care
  • CBD knowledge
  • Give $20, Get $20
  • 0
  • SHOP
  • LEARN
  • Log in
  • Create Account
  • Currency
    • Facebook icon
    • Instagram icon
    • Pinterest icon
    • Tumblr icon
    • LinkedIn icon
  • Currency

Botanima Organics – Organic CBD Products
Botanima Organics – Organic CBD Products
  • SHOP
  • LEARN
  • CBD Skin Care
  • CBD knowledge
  • Give $20, Get $20
  • 0
Botanima Organics – Organic CBD Products
  • SHOP
  • LEARN
Skin Care
Face & Neck Care Eye Care Body Hand & Foot
Sensual
Bundles
All
---
Face & Neck Eye Care Body, Hand & Foot
Knowledge Center
CBD Basics CBD & The Human Body Science & Health The Hemp Plant
Our Story
Our Process
Blog
FAQ
Lab Results
Help Center
Come Work With Us
Login Contact us

FREE SHIPPING on orders above $75

Knowledge Center | CBD Basics | Legal Status

CBD Basics

What is CBD? CBD Benefits Legal Status Full, Broad & Isolate

CBD & The Human Body

The Endocannabinoid System (ECS) Choosing the Right CBD Product The Dosage Guide Side Effects of CBD Ways to Consume CBD Symptoms and Signs of Perimenopause Symptoms and Signs of Menopause Solutions For Dealing With Premature Menopause

Science & Health

Scientific Insights Research Brief - Medical Conditions Research Brief - CBD for Seniors Research Brief - CBD for Skin The Hot Topic - Entourage Effect How CBD Oil Can Be Helpful For Migraines?

The Hemp Plant

Hemp vs. Marijuana Producing CBD from Hemp CBD Oil vs. Hemp Oil The History of Hemp and Marijuana Origins of CBD
Legal Status
Knowledge Center | CBD Basics | Legal Status

Legal Status

Chapter 3

SHARE
CBD Basics CBD & The Human Body Science & Health The Hemp Plant

It’s no surprise that so many people are asking whether CBD derived from hemp is legal. You see CBD products everywhere, yet they seem to have some kind of stigma attached to them because of the association with marijuana.

The answer to “Is CBD Legal?’ is “Yes!” 

Note, we are covering only CBD derived from industrial hemp, which is a species of the Cannabis plant but does not get you high. Because CBD is such a young industry that’s moving so quickly, the regulations haven’t quite caught up to the market yet. But don’t worry, they will.

 

Hemp’s Legal History

A quick overview of the history of hemp in the US is useful in understanding how we got to where we are today. Growing hemp was outlawed in the US for many decades despite the fact that it is non-intoxicating because it was lumped together with marijuana because they are both subspecies of the cannabis plant genus. Learn more about the difference between hemp and marijuana.

We will skip the middle part and fast forward straight to the revolutionary Farm Bill of 2018, which changed everything by legalizing hemp at the federal level as long as it has only trace amounts (0.3%) of THC. Hemp was finally taken off the list of federally banned substances and reclassified as an agricultural product. The new law was a massive breakthrough because it finally severed hemp from marijuana at the federal level.

You would think the story ends there. Not quite. First off, some states still have restrictive CBD laws on the books. Secondly, the new law ostensibly took away the authority of the Drug Enforcement Administration (DEA) over hemp and moved it over to the jurisdiction of the Food and Drug Administration (FDA).

So what has happened is CBD has found itself in a no man’s land between these state and federal laws and different regulatory agencies. This is where things have gotten hazy, although to be fair, the government is working to figure it out.

 

State Laws

Laws about marijuana differ from state to state but CBD is legal in all 50 states. Because hemp contains less than 0.3% THC it is legal federally and therefore it’s the best source of CBD, making the extraction process is simpler, which means more of the beneficial compounds remain in the product. Therefore, CBD derived from the hemp plant and not the marijuana plant is most often the preferable option.


FDA

With the passage of the Farm Bill, the FDA is now in charge of regulating all CBD-infused goods. This is because the FDA’s purview is food safety, dietary supplements, prescription and over-the-counter meds, and cosmetics, in addition to some other categories.

The FDA is specifically chagrined about some companies claiming CBD has therapeutic benefits since any health claims must be first approved by the FDA. This means all those health claims you read everywhere are unsubstantiated by the federal government agency whose job it is to substantiate them.

However, the future is bright. The FDA has stated it is looking for pathways to clear the way for legal CBD products derived from hemp. It has also signaled that a law passed by Congress, and not a lengthy product-by-product regulation process by the FDA, is the best path forward.

So, while hemp farming and CBD extraction may have been green-lit by Congress, there are still many regulatory decisions that need to be made before there is total clarity on the legal status of CBD products.

 

DEA 

Hemp is now designated as a Schedule 5 Controlled Substance by the DEA since the end of 2018, whereas It’s fellow cannabinoid, THC, and Marijuana are still designated as a Schedule 1 Controlled Substances.

 

Rest of the World

Industrial hemp is legal in over 30 countries and counting. The United Nations has taken the lead in recommending that CBD is beneficial for the world’s population and safe for consumption. That is seen by many as the first step in revising international treaties to legalize hemp.  

 

Age Limit

CBD products should be used by legal adults (age over 21 years old).

Note: There are several states where the age limit for purchasing CBD products is over 18 years old, if in doubt, contact the local state authorities regarding age restrictions.  

2-minute Questionnaire

Find Your CBD Product

Answer a few questions and find the perfect CBD product for your needs

START NOW
CBD Benefits

CBD Benefits

CBD Basics

Chapter 2

< Previous Article

Full, Broad & Isolate

Full, Broad & Isolate

CBD Basics

Chapter 4

Next Article >

Articles you may find interesting

What is CBD?

What is CBD?

Tue, Jun 23, 20

CBD is everywhere. But what is it? And how i...

Research Brief - CBD for Seniors

Research Brief - CBD for Seniors

Tue, Jul 07, 20

CBD oil is seemingly everywhere nowadays&nbs...

The Endocannabinoid System (ECS)

The Endocannabinoid System (ECS)

Tue, Jun 23, 20

There is still much that unknown about the E...

  • Facebook icon
  • Instagram icon
  • Pinterest icon
  • Tumblr icon
  • LinkedIn icon

Visa IconMastercard Icon American Express Icon   Apple Pay IconJCB logo Discover logo  Diners icon

Didn’t find what you were looking for?

info@botanima.com

Shop

  • Skin Care
  • Sensual
  • Bundles
  • Login
  • My Account

Resources

  • Blog
  • FAQ
  • Help Center
  • Lab Results
  • Terms & Conditions
  • Privacy Policy
  • Refer a Friend & Earning Points

About

  • Our Story
  • Our Process
  • The N.O.M.A. Complex™
  • Careers
  • Contact Us

Knowledge Center

  • CBD Basics
  • CBD & The Human Body
  • Science & Health
  • The Hemp Plant
    American Express Diners Club Discover JCB Mastercard Visa

© 2023 Botanima Organics | Powered by Shopify

Visa IconMastercard Icon American Express Icon   Apple Pay IconJCB logo Discover logo  Diners icon

Didn’t find what you were looking for?

info@botanima.com

FDA Disclaimer: Any statements made on this website have not been evaluated by the Food and Drug Administration. No products we produce, manufacture, market, or distribute are intended to diagnose, treat, cure or prevent any disease. A Doctor’s advice should be sought before using this and any supplemental dietary product. Consult your physician before beginning any exercise program or taking any supplements or botanical extracts. The products should be used only as directed on the labels. It should not be used if you are pregnant or nursing, or if you are under 21. Show more

1820 E Warm Springs rd. #100 Las Vegas. NV 89119. United States

© 2021 Botanima Organics. All Rights Reserved.

You must be of legal age to enter this site

Are you above 21 years old?

NO
logo

STAY UP TO DATE

Submit your email to get updates on products and special promotions.