Is CBD Legal?
Yes. Hemp derived CBD products such as ours are legal in the United States.
1970 CONTROLLED SUBSTANCES ACT
The Controlled Substances Act (CSA) made cannabis plants illegal, as it defined all cannabis as “marijuana”. The CSA made exclusion for “mature stalks” of the cannabis plant and products such as fiber, oil and cake made from hemp seed, and sterilized hemp seeds.
2004 HIA v. DEA
On February 6, 2004 the Hemp Industry Association won it’s lawsuit against the Drug Enforcement Administration. The DEA had been seeking to prevent purchase and sale of hemp products, legal under 21 U.S.C. § 802(16) . The court decided against the DEA, concluding that:
“they cannot regulate naturally-occurring THC not contained within or derived from marijuana-i.e., non-psychoactive hemp products-because non-psychoactive hemp is not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled, and it has not followed procedures required to schedule a substance.”
As of 2017, this ruling has not been challenged. The definition of hemp was extremely limited at this time, but that changed ten years later.
2014 AGRICULTURAL ACT
In a milestone for the re-emergence of the American hemp industry, the Agricultural Act of 2014 re-defined industrial hemp:
“The term ‘‘industrial hemp’’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a [THC] concentration of not more than 0.3 percent on a dry weight basis.”
This Act, also known as the Farm Bill, also opened the doors up for states to allow for hemp farming.
2016 APPROPRIATIONS ACT
Sec. 763 protected “the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014.”