Is CBD Legal?
Yes. Our CBD is derived from the hemp plant, in contrast to the cannabis plant, making all infused products legal to purchase in all 50 states. In the United States, the use of industrial hemp categorizes the oil as "food-based / dietary supplements.”
Legality of CBD Food Products
Our industrial hemp-derived cannabidiol (CBD) products are legal to buy, possess consume and sell in the United States as well as many other countries. The FDA considers Hemp and Hemp-derived cannabinoids (including CBD) to be food-based products, and non-psychoactive hemp is NOT included in Schedule I of the Controlled Substance Act.
Our hemp products are considered food or dietary supplements, and our CBD is a natural constituent of the hemp plant/hemp seed and stalk oil and is not synthetic or artificial; therefore, our naturally-derived, industrial hemp-based CBD is exempt from Schedule I, just as any other constituent of non-psychoactive industrial hemp.
Legality of Domestic Industrial Hemp
Our hemp products are produced under the lawful authority of the Federal Farm Bill Act of 2014, which defines industrial hemp as Cannabis sativa L. with a delta-9 Tetrahydrocannabinol (THC) concentration of not more than 0.3 percent. All of our products are lab-tested and certified to be below this 0.3% legal threshold.
The United States Court of Appeals for the Ninth Circuit in Hemp Industries Association, v. Drug Enforcement Administration, 357 F.3d 1012 (9th Cir. 2004), recognized that non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant, fits within the plainly stated exemption to the CSA definition of ‘marijuana.’ Id. at 1017.
As such, the court determined that the government (i.e. DEA) has no authority under current law to completely ban “THC that is found within the parts of Cannabis plants that are excluded from the CSA’s definition of ‘marijuana’ or that is not synthetic.” Id. at 1018.
Industrial hemp is legal to import under the Controlled substances Act (CSA). Since 1937, the federal statute controlling marijuana has excluded the stalk, fiber, oil and sterilized seed of the plant Cannabis Sativa L., commonly known as hemp, from the definition of marijuana. 21 U.S.C. 802 (16), and again in reference to 2-6-04 Ninth Circuit Court of Appeals ruling.