Is CBD oil legal? Well, starting this conversation usually brings many debates. There are a lot of red lines, red flags, and questions that need answers. Understanding the legal status of CBD both federally and state-wise. Is CBD oil legal in all 50 states? Additionally, how can you travel with CBD? To answer these questions, this article offers a review regarding the legality of cannabis oil.
What Is CBD Oil?
It is a product that comes from the cannabis plant. CBD is a type of cannabinoid with a lot of natural properties. The nonpsychoactive compound doesn’t create a “high” effect or any form of intoxication. CBD is normally mixed with carrier oils such as MCT to make it effective to use.
Learn About the History of CBD Oil
CBD oil’s history dates back to the 1940s. This when it was first extracted from the cannabis Sativa plant. The extraction was done by a Harvard University chemist graduate. However, he did not immediately realize the many health benefits of CBD oil. It wasn’t until years later that Adams and other scientists researched CBD’s possible health benefits. From then, research on CBD continued to modern days on lab animals as well as human beings. These tests have been vital in providing information such as CBD being non-psychoactive. In the1960s, research was done mostly on primates. Further tests showed CBD oil had therapeutic benefits to both humans and animals.
Is CBD Oil Legal?
CBD from hemp with less than 0.3 percent of hemp is legal at the federal level. This means that you can buy it without a prescription. Note that there have been significant changes in the legalization of CBD products as time goes by. For instance, the FDA approved the use of epidiolex for treating a rare form of childhood epilepsy. Epidiolex is a proprietary oral CBD solution that can reduce the frequency and severity of epileptic seizures.
In addition to that, the 2018 Farm Bill saw CBD getting delisted as a federally scheduled substance. This means that more people now have better access to CBD hemp oil products. However, it’s important to note that different states have different rules. While CBD products are legal in some states, in others, they are still illegal.
Legal Status of CBD in Each State
Is CBD oil legal in all 50 states? Well, federally, CBD is legal. So, you can buy it without a prescription in the US, regardless of where you are. With the passing of the 2018 Farm Bill, CBD became legal nationwide. However, different states have different laws. So, the legality of CBD has become a complicated affair.
For instance, people can cultivate and buy CBD oil in Texas as long as it has less than 0.3% THC. CBD oil is legal in Utah as long as it contains less than 0.3% THC. If you want to buy or use CBD oil in Colorado, then you can do so without the worry of breaking the law. Other states where CBD is legal includes:
- Virginia, etc.
Note: There are few states where CBD is technically illegal. They include South Dakota, Idaho, and Nebraska.
Can You Travel With CBD Oil?
Can you fly with medical cannabis? At the moment, there is no way that airport officials can differentiate between hemp and marijuana-derived product. It should be noted that when the tested substance contains more than the recommended amount of THC, the field testing will be positive for marijuana. After that, a sample may be used for a lab test. Note that this could also lead to arrest.
If the lab tests show a higher level of THC, then you will end up facing charges. In states where CBD is still illegal under state laws, Customs and Border Patrol (CBP) may refer these cases to local and state officers. This process is usually dependent on the type of CBD product that the passenger is carrying. Additionally, the location of the individual also matters.
You should understand that CBP normally works closely with other law enforcement bodies. So, if a prosecution isn’t accepted at either the local, state [or federal level], travelers could face penalties. This includes seizure of the product, fines, or even denial of entry.
Generally, CBD laws vary from state to state. The public needs to know that there is also a disconnection between state and federal laws. So, before you even think about air travel with tinctures or other CBD products, understand the state laws you are traveling from and to.
If you want to travel without issues, get a certificate analysis of the CBD product from the manufacturer. This certificate should clearly highlight the potency level of the CBD product. If you are carrying a CBD-based drug approved by the FDA, then carry your medical prescription. This will save you from a lot of problems when facing authorities.
Will It Appear On A Drug Test?
If you use a pure product, then you will pass the CBD oil drug test. It should be noted that CBD doesn’t show up in drug tests if it contains less than 0.3% of THC. However, there are CBD products that contain trace amounts of THC psychoactive. If the THC level is high, then it will show up in drug tests. Although this is a rare case, it can happen. In such a scenario, it will lead to a positive drug test.
But how can CBD result in a positive test result for THC? Well, several factors might lead to this. They include cross-contamination during the manufacturing process of CBD oil from hemp. So, the CBD extract ends up mixing with THC. Besides that, it could be a result of secondhand exposure. This normally happens via THC absorption through secondhand smoke. Lastly, it could be a result of product mislabeling. The medical marijuana market isn’t under any regulation. So, the chances of product mislabeling are extremely high.
To ensure that you avoid all these, here is what you can do. If you want to buy CBD oil, read the product label. Does the CBD come from hemp or marijuana? If it comes from marijuana, then you should completely avoid it.
Check if the product list highlights the amount of THC. The concentration of CBD is important. It’s also important to find out where the CBD hemp oil product comes from. Note that hemp from reputable states such as Colorado and Oregon is usually of high quality. These states have longstanding hemp industries with rigorous testing guidelines.
The legality of CBD oil can be really confusing. This is because federal laws and state laws sometimes differ. However, once you familiarize yourself with all these, then you will be on the safe side. Make sure that you also understand the laws regarding traveling with CBD. Understand that pure CBD oil does not appear in drug tests unless it’s contaminated.