States Where CBD from Marijuana is Banned

legal cbd

Where To Buy legal CBD

States Where CBD from Marijuana is Banned (Regardless of the Purpose)

As mentioned, some states have a particularly hostile attitude toward marijuana.

Marijuana-derived CBD is strictly prohibited in the following states:

  • Idaho
  • Nebraska
  • South Dakota

If you live in one of these states, you must turn to the hemp-derived CBD for relief from your ailments.

Speaking of which…

Legal Status of CBD Derived from Industrial Hemp

Is CBD from hemp federally legal?

Short answer: yes, as long as it’s produced within the regulations defined by the US law.

Until 2018, hemp-derived CBD was caught in a legal grey-area. The 2014 Farm Bill legalized the use of hemp for industrial and research purposes, but the commercial sales of hemp-derived CBD products were still prohibited.

There was a legal loophole allowing companies to sell hemp products obtained from the seeds and stalks of industrial hemp, which many businesses used as an argument for selling CBD oil despite its unclear legal status.

Needless to say, there’s little to no CBD in the stalks, let alone the seeds, which are completely void of cannabinoids.

Things changed when President Trump passed the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill) — which we’ll discuss in the section below.

Farm Bill 2018

The 2018 Farm Bill removed hemp as a Schedule I substance and classified it as an “agricultural commodity.”

A common misconception about the 2018 Farm Bill is that it reclassified CBD regardless of its source. This is not true.

Based on the DEA guidance, CBD from marijuana is still a Schedule I substance and remains federally illegal.

If, however, the CBD in question comes from hemp plants and stays compliant with the following regulations set by the new Farm Bill, it doesn’t fall under the Controlled Substances Act:

  1. The hemp must have less than 0.3% of THC
  2. The hemp must follow the shared state-federal regulations
  3. The hemp must be grown by licensed growers

On top of that, the 2018 Farm Bill also allowed the sales, transportation, and possession of hemp-derived CBD products and removed restrictions on their transportation across state lines as long as the products adhere to the guidelines defined above.

The Future of Cannabidiol: Full-Spectrum Extracts vs. Isolates

There’s still much to be done in terms of clarifying the legal status of CBD in the United States.

Prior to the approval of Epidiolex, the FDA explicitly stated that CBD cannot classify as a dietary supplement because CBD is no longer an Investigational New Drug (IND) under the Food, Drug and Cosmetic Act (FD&C Act); it’s an approved one.

As a result, pure CBD cannot be defined as a dietary supplement.

This situation isn’t anything novel. In a similar case, a pharmaceutical company Biostratum requested the FDA to draw consequences against manufacturers of high-pyridoxamine dietary supplements because Biostratum had issued an IND application for pyridoxamine dihydrochloride.

As a result, products containing pyridoxamine can only be sold by pharmaceutical companies as a drug.

Another similar precedent took place in April 1997, when another company, Pharmanex, was advised by the FDA that their product, Cholestin, was a drug — not a dietary supplement.

Cholestin was high in Mevinolin, a constituent of red yeast rice that has been shown to lower cholesterol levels. Mevinolin has a chemical structure identical to lovastatin, an FDA-approved drug produced by Merck.

The FDA found Cholestin was manufactured with levels of lovastatin exceeding traditional red yeast rice products, and thus the product was more like a drug than a dietary supplement.

The vast majority of hemp-based products are full-spectrum extracts with concentrations by weight of CBD rarely exceeding 15%, as compared to Epidolex, which consists of 99% CBD.

Given the above precedents, it’s possible that the FDA will impose restrictions on the classification of products infused with isolated CBD but not hemp extracts that contain naturally occurring levels of cannabidiol.

Conclusion

The current legal status of CBD is still evolving, particularly when it comes to its regulations vis-a-vis the CSA and its status under the FD&C Act.

There is, indeed, the need to reclassify cannabis as a whole on the federal level if we want to clarify the legality of CBD once and for all. For now, you can freely use CBD products as long as they come from industrial hemp and contain less than 0.3% THC.

If you want to buy marijuana-derived CBD, you must live in a state or country which allows the recreational or medical use of marijuana.

Outside of the United States, the legal status of cannabidiol is more confusing. Since cannabis laws can vary for each country, we suggest that you reach out to your country’s justice department for detailed information.

We hope this guide has helped you get a better understanding of this complex subject. As always, we strongly encourage you to do your own research on CBD and its potential benefits because we believe that well-informed customers are happy customers.

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