Is Hemp Oil Legal

Is Hemp Oil Legal?

Yes, dependent upon how the oil is sourced. To be considered industrial hemp, the cannabis plant must have 0.3% THC or less. Oil derived from industrial hemp plants not marijuana plants, is legal in the United States.

In the United States, CBD’s legal status depends on the source from which it is derived. When derived from marijuana it is a schedule 1 controlled substance under the federal Controlled Substances Act (CSA). This is because the CSA’s definition of marijuana includes “all parts” of the cannabis plant. However, when CBD is derived from hemp or some other lawful source it is not a controlled substance.

Section 10113 of the Agricultural Improvement Act of 2018

Defines “hemp” as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” Hemp is excluded from the definition of marijuana under the Controlled Substances Act (CSA). CBD is not specifically scheduled in the CSA. It is therefore lawful when derived from hemp, which is not a controlled substance and the definition of which includes “cannabinoids”. CBD is a cannabinoid.

CBD products sold online run the gamut, from tinctures and creams, to gummies and pills, to coffees and teas. Most believe the Farm Bill is clear that consumers can legally buy products made from low or zero THC hemp.

According to Katherine Pfaff, spokesperson for the DEA. “If the product does cause THC to enter the human body and/or contains greater than 0.3 percent of THC, it is an illegal substance that may not be manufactured, sold or consumed in the United States. If, however, the product does not cause THC to enter the human body and contains less than 0.3 percent THC, it is a non-controlled substance that may lawfully be sold.”


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