The ABCs of CBD: Is CBD Legal?

by Martin B. · October 5, 2021

You can find CBD everywhere. From oils to gummies to creams, the wellness sector has exploded since discovering the exciting benefits of CBD use.

But despite its immense popularity, the legality of CBD is a bit of a gray area. Laws differ from state to state (and no one is sure what’s going on).

So, is CBD legal?

If you aren’t sure what the law says about CBD and its uses, read on to get the ABCs on CBD laws across the country.

Is CBD Legal?

We’ll start with the big one. Yes, CBD is legal to produce, possess, and sell throughout the United States, according to the 2018 Farm Bill. As long as your CBD contains less than 0.03% THC, you’re in the clear.

What’s confusing about that? We’re about to get into it…

Federal Regulation

It is still illegal to infuse any food or dietary supplements with CBD. This is because CBD is not federally regulated yet.

Regulations involve a slow, long, research-heavy process. We simply don’t have enough studies for CBD and FDA to get along.

Without regulations in place, the FDA isn’t able to monitor and enforce safe practices in the CBD industry. This has left us with a mixture of many ethical and honest companies, with several companies seeing the lack of regulations as a chance to make money and sell potentially harmful products.

CBD State Laws

Because of the (unfortunately) varied ethics found throughout the CBD industry, several states have taken things into their own hands… With varying degrees of rigidity.

Nebraska and Idaho have completely banned all CBD besides CBD isolate (which contains 0% THC). Other states are looking into more flexible options and drafting their own CBD regulations instead of waiting for the FDA to release one.

What CBD Uses Are Legal?

The possession and consumption of CBD is legal in every state.

Selling CBD-infused food or beverages is illegal under federal law. This is because the FDA decided that CBD was a drug by approving its use as a treatment for seizures. Classifying a ‘drug’ as a dietary supplement isn’t possible without extensive research and regulations.

How Do I Know My CBD Products Are Safe?

Without the safety that FDA regulations bring, it can be daunting trying to find a CBD company you feel like you can trust.

The most important thing you can do to keep yourself safe and healthy is to do your homework before purchasing any CBD product. Look for companies that are transparent with their ingredients, and third-party test their products before distribution.

Enjoy Your CBD Products (Legally)

Although the answer to “Is CBD legal?” isn’t as simple as we’d like it to be, we’ve got a good feeling about the future laws of CBD use in the United States.

Did you enjoy this post? Be sure to check out our blog for the latest news on all things CBD, THC, and vaping.

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Martin B.

Ex-smoker, passionate vaper who loves to tell the world about the life-changing potential of vaping. Co-creator of Ecigclopedia with a background in Business & Finance. Prefers a dessert flavored vape and loves to innovate.