Is CBD Oil Legal?
There is no doubt that you have heard of CBD, a fascinating cannabinoid that has been reported as anti-inflammatory, anti-anxiety, antipsychotic, non-psychoactive, metabolic-promoting, and having neuroprotective benefits, among others.
What is CBD Oil Anyway?
The cannabidiol (CBD) is a potent cannabinoid and one of the key ingredients of cannabis. It is known for its therapeutic virtues, especially its anti-inflammatory and anxiolytic properties. Unlike tetrahydrocannabinol (THC), which is responsible for the psychoactive effects of cannabis, CBD does not break down. Industrial hemp and Indian hemp come from the same lines, and therefore produce the same cannabinoids, in very different quantities. This is what makes the difference between what is commonly called “hemp” and “cannabis”. Both contain CBD.
CBD extraction from cannabis
There are various extraction methods for obtaining cannabidiol (CBD) from cannabis. CBD is present in the plant as carboxylic acid (CBDA), a so-called inactive ingredient. The conversion of CBDA to the more pharmacologically effective CBD is called decarboxylation. In this process, a carbon dioxide molecule is split off from the CBDA by heating or by enzymatic catalysis. This process is similar to the decarboxylation of THCA in THC, a process that is achieved by burning through smoking, to release the psychoactive substances.
Currently used methods include extraction by heating, supercritical carbon dioxide, butane, hexane, isopropyl alcohol or ethanol.
Does CBD Have THC?
Cannabis contains numerous ingredients that are derived from a skeleton and are summarized under the term cannabinoids. Two representatives of this class of substances are of particular importance: tetrahydrocannabinol, also THC and cannabidiol (CBD). Marijuana has a high THC concentration. On the other hand, hemp has a higher concentration of CBD.
THC exerts a strong effect on the brain and is counted among the psychoactive substances. By contrast, CBD hardly shows any effects that lead to intoxication. It is not psychoactive but has anticonvulsant, anxiolytic and anti-inflammatory effects. CBD is therefore legally available. Both ingredients are found in the female hemp plant, with the amounts of the individual components in the two most common hemp genera Cannabis Sativa and Indica vary. In the female form of cannabis sativa, the THC content is high enough to cause a intoxication.
Legality of CBD oil
The issues of legality of CBD in the United States are unfolding regularly. There are controversial answers and debates regarding the legality of this product. Generally, hemp is considered safe since it has no psychoactive effects. Across the USA, all hemp products are legal and are available for consumers in stores. However, the law takes a different swing when it comes to marijuana. Laws and regulations guarding the use of CBD extracted from cannabis are different in each state in America.
Is CBD Oil Legal in Texas?
Marijuana-derived CBD is illegal in Texas but hemp-derived CBD is legal in this state. However, there is a legislation that states that marijuana-derived CBD with less than 5% THC is legal for intractable epileptic patients who previously tried 2 other FDA-approved drugs.
Legality of CBD in Florida
In this state, CBD oil extracted from cannabis is illegal for recreational use but legal with conditions when it comes to medicinal use. There is a legislation in this state declaring that CBD with less than 0.8% THC is legal for patients suffering from specific conditions. However, CBD derived from hemp is declared legal in Florida.
Is CBD Oil Legal in North Carolina?
In North Carolina, CBD derived from hemp is legal but oil derived from cannabis is legal only for medicinal purposes. Marijuana-derived CBD can only be used by neurologist-prescribed epileptic patients as long as it contains less than 3% THC and more than 10% CBD.
How Legal is CBD in Indiana?
This particular product is illegal for recreational purposes but legal for medicinal use. This state allows the use of marijuana-derived CBD with less than 0.3% THC for patients suffering from specific health conditions. Hemp-derived CBD is legal for both medicinal and recreational purposes.
Is CBD Oil Legal in New York?
In New York, marijuana-derived CBD oil is legal with conditions if only used for medicinal purposes. This product can only be used by patients with physician-certified registration cards. On the other hand, hemp CBD is legal for both medicinal and recreational purposes.
Is CBD Oil Legal in Pennsylvania?
In Pennsylvania, hemp CBD is legal for both recreational and medicinal purposes; however, marijuana-derived CBD is legal with conditions. In this sate, CBD extracted from cannabis is legal for patients suffering from one of any 17 specified conditions.
Is CBD Oil Legal in New Jersey?
Hemp-derived CBD is legal in but marijuana-derived CBD is legal with conditions. The legislation in this state affirms that marijuana-derived CBD is legal for approved patients only.
Is CBD Oil Legal In Other States?
hemp derived CBD is legal but marijuana-derived CBD is legal with conditions that it should be prescribed to patients suffering from specific conditions.
In Wisconsin, hemp CBD is legal but marijuana-derived CBD is only legal for patients with seizure disorders.
Hemp-derived is fully legal while marijuana-derived CBD is allowed for qualified patients only.
In this state, marijuana-derived CBD is legal for patients suffering from specific conditions.
In Utah, marijuana-derived with less than 0.3% THC and greater than 15% CBD is legal for Neurologist-prescribed epileptic patients.
The law is not clear about the legalization of CBD oil in Idaho. Senate bill legalizing CBD oil passed both houses but as vetted by the governor.
In Virginia, CBD obtained from marijuana is only legal for patients with any doctor-suggested condition. Hemp CBD is legal for both recreational and medicinal uses.
In the other states, hemp CBD is legal for both recreational; and medicinal purposes but there are different regulations regarding the use of marijuana-derived CBD. The following states have specific legislation regarding the percentage levels of THC in CBD and the ailments being treated. These states include Alabama, Florida, South Carolina Georgia, Kentucky, Mississippi, Iowa, Missouri, Oklahoma, Tennessee, Virginia, and Wyoming.
States that have fully legalized the Medical use of all CBD products derived Massachusetts, Alaska, Arizona, Arkansas, Delaware, California, New Mexico,, Colorado, Connecticut, , Florida, Hawaii, Illinois,Rhode Island, Pennsylvania,, Maine, Maryland, ,Montana, Nevada, Michigan, Minnesota, New Hampshire, New Jersey, North Dakota, Oregon, Vermont, Washington and West Virginia.
The legality of CBD Oil across the nation is wide and varied. While some states have clearly legalized it, others are hedging carefully before jumping in. As CBD Oil continues to enter the mainstream, the question now turns to when will CBD Oil be legal across all states?