*The legal landscape around CBD is unclear and changing rapidly both at the federal and state level. The information on our website and any other communication regarding legality which you may receive from any representative of Green Roads is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase CBD in your area. You should contact your attorney to obtain more specific guidance.*
CBD oil that is derived from industrial hemp is legal at the federal level. Industrial hemp is described by the 2018 Farm Bill as having less than 0.3% THC, which is the compound that produces the high associated with marijuana. CBD is not intoxicating, and will not generate a high. This is part of the reason the legality surrounding this compound is more relaxed.
Please note: each state has the right to create its own laws and regulations, so you should do your own research before purchasing CBD oil in any given state.
In 2018, the US Senate introduced The Hemp Farming Act in its version of the 2018 Farm Bill. Among other goals, the act sought to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.
The 2018 Farm Bill was signed into law in December 2018, effectively legalizing hemp at the federal level by removing it from the federal list of controlled substances and classifying it as an agricultural commodity. As a result, CBD from hemp is legal nationwide at the federal level. The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States.
In May, 2019 the U.S. Department of Agriculture released a memo explicitly allowing hemp to be transported across State lines so long as it complies with a State-approved program.
The federal Farm Bill specifically permits States to more stringently regulate hemp and many States have done so. State laws regulating hemp are currently in a rapid state of change, tending strongly in favor of legalization. Still, CBD is not fully legal in all States and some states still insist on conditions around its purchase. While enforcement of these stricter rules against individuals has been fairly rare, there are reports of some prosecutions. Thus, we strongly recommend that you educate yourself on the laws and regulations in your state.
When marijuana was made illegal, all associated compounds, derivatives, and related plants were made illegal too. Hemp was made illegal because it contained trace amounts of THC, and there was widespread concern that it would be used in the same way as marijuana, which has a much higher THC concentration. Beyond that, it seemed possible to lawmakers that marijuana crops could be hidden within legitimate hemp farms. Over time, as legislative progress and scientific research were made, the potential power of CBD became more understood. Furthermore, advocates for hemp demonstrated that it was useful for many things, but not necessarily getting high, especially not when grown at the legal limit of 0.3% THC.
