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CBD Legality in the United States: What You Need to Know

CBD Legality 2022 | CBD ReThink

Cannabidiol, more commonly known as CBD, is a compound found in cannabis plants. Unlike its more famous cousin, THC, CBD does not produce any psychoactive effects. This means that it does not get users high.

CBD is thought to have a variety of health benefits, including reducing anxiety, relieving pain, improving sleep, and more.

The legal status of CBD in the United States is complex and somewhat unclear. There are many different laws and regulations that apply to CBD in the United States, and it can be difficult to keep them all straight.

Is CBD legal? Yes, CBD is legal, but only under specific conditions. The legality of CBD isn’t clear cut – there’s a lot of gray area that can cause confusion for those new to CBD.

The federal government also has different rules for CBD derived from hemp plants and CBD derived from cannabis plants.

Hemp-derived CBD is legal in all 50 states because of the 2018 Farm Bill. CBD derived from cannabis plants is still illegal on a federal level except in cases where the THC concentration is low (less than 0.3 percent THC), and state laws allow for the oil to be produced or used.

If you’re confused about the legal status of CBD, you’re not alone. With so much misinformation out there, it’s hard to know what’s true and what’s not. Luckily, we’re here to help set the record straight.

The Difference Between CBD & Marijuana

Marijuana and CBD are both derived from the cannabis plant, but they are different in many ways. CBD does not contain THC, the main psychoactive component of marijuana. This means that CBD will not get you high. Additionally, CBD has shown to have many potential health benefits, such as reducing anxiety and pain.

Marijuana, on the other hand, may increase anxiety and paranoia in some people. It is also important to note that CBD is legal in most states, while marijuana is not.

Why is CBD Legal & Marijuana Is Not?

CBD is legal in most states because of the 2018 Farm Bill. The bill established a statutory framework for the production and sale of hemp and its products. CBD that is derived from hemp is legally defined as 0.3 percent THC or less.

Though the 2018 Farm Bill did not make marijuana and hemp equal, it did open the door for hemp-derived CBD to be federally recognized. Before the bill was passed, hemp-derived CBD was legally considered a Schedule 1 drug by the Federal government.

Marijuana is also considered to be harmful due to its effects on general health and an individual’s mental health. Though some states have legalized marijuana for medical or recreational use, it is still illegal at the federal level. The states that have legalized marijuana have done so despite the federal government’s stance.


There are over a hundred different Chemical entities in cannabis, among which are at least 85 unique cannabinoids. Although well known for its psychoactive component tetrahydrocannabinol (THC), cannabis contains many other types of cannabinoids.

The majority of these act as precursors to cannabis’s famous THC, and only a few play significant roles in the overall impacts of the plant. One of those impact-players is Cannabidiol or CBD.

The human body already has an endocannabinoid system (ECS) that serves to regulate a number of functions, including pain, memory, mood, appetite, and many others.

Plant-based cannabinoids like those found in cannabis can help the body reestablish its natural balance and heal from within. CBD is one of the most powerful cannabinoids from cannabis and may help the following:

  • Alleviate pain
  • Lessen symptoms of depression and anxiety
  • Fight seizures and epilepsy
  • Fight against neurodegenerative diseases like Alzheimer’s
  • Increase appetite and reduce nausea
  • Reduce inflammation and slow tumor growth
  • Skin health
  • Cardiovascular function
  • Muscle spasms

In summary, THC is the main psychoactive compound in cannabis that gives the plant its well-known effects. CBD is another compound found in cannabis, but it does not produce psychoactive effects.

THC and CBD interact with different receptors in the brain and produce different effects. CBD is thought to have potential therapeutic benefits, but more research is needed.

What is the DEA’s definition of marijuana?

The DEA’s definition of marijuana is “the flowering tops, leaves, stems, and seeds of the Cannabis sativa L. plant, and any material, compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds.

This covers both marijuana and hemp, which the following definition is from the USDA: “Hemp refers to varieties of Cannabis sativa that consist only of the plant species Psychotria sativa. These plants are tall and have hollow stems. They are difficult to raise and only sustainable in warm climates. Hemp is harvested for its seed which can be eaten whole or crushed to oil, meal, and flour.

Since CBD is found in hemp and not marijuana, CBD is not illegal under the Controlled Substances Act (CSA). Under the legislation, marijuana and THC (the chemical that creates a high) are Schedule I drugs, meaning they’re considered to have no medical value and are illegal under federal law.

However, CBD is a different compound from THC and is found in hemp, so that’s why CBD isn’t considered a Schedule I drug.

Federal Cannabidiol Laws

The federal government has not promulgated any specific laws surrounding cannabidiol. However, the Controlled Substances Act does prohibit the manufacture, distribution, and possession of marijuana, which includes cannabidiol. Due to this fact, anyone in possession of cannabidiol made from a cannabis plant is breaking the federal drug law.

Although the U.S. government has taken little action to enforce these laws in states with CBD laws, it’s hard to say how federal agencies will respond to widespread commercial sales and distribution.

All cannabidiol products sold as dietary supplements are also in violation of the Food, Drug, and Cosmetic Act. Although the FDA has issued warning letters to companies for making unproven health claims about CBD oil, they have not taken any steps to permanently stop operations or confiscate inventory.

Is CBD a Schedule I Drug?

CBD has many potential health benefits, and it is not currently a Schedule I drug.

Schedule I drugs are those that have a high potential for abuse and no accepted medical use.

CBD does not have a high potential for abuse, and it has been shown to have potential medical uses. In fact, CBD is currently being studied for its potential to treat a variety of medical conditions, including anxiety, epilepsy, and pain.

How to Buy Reliable CBD Products?

While CBD is not currently a Schedule I drug, it is important to remember that the law can change. As of the writing of this article, cannabidiol is a legal substance at the federal level.

It’s clear that the CBD industry is still in its infancy in the United States. Regulations are constantly changing, and the legal landscape is far from settled. However, CBD is widely available and many people are using it with great success. If you’re considering using CBD, it’s important to do your research and make sure it’s legal in your state.

Search through Rethink’s CBD products to find out more about our line of CBD products and their pricing. We offer a wide range of CBD products to suit all budgets and needs, and we are committed to providing high quality, legal and affordable CBD products.

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