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cbd extract legal

Cbd extract legal

One of the first questions that people have in regards to CBD products is whether they’re legal or not. The short answer is yes, but only under specific conditions. CBD legality isn’t black and white. There’s a lot of gray area that causes a lot of confusion amongst those with a newfound interest in CBD.

Understanding Hemp vs. Marijuana

Because there is so much misinformation about the legality of CBD, we’re here to help set the record straight. Here’s everything you need to know about whether CBD is legal or not, along with a list of five of the top CBD brands that meet all legal regulations.

Hemp-Derived CBD Is Legal

Before buying any kind of CBD product, it’s important to check into any state laws that may be in place. For example, CBD products are considered illegal in Iowa. However, they are legal in neighboring states such as Illinois and Minnesota.

On August 21, 2020, the Drug Enforcement Administration (DEA) published an interim final rule that may have far-reaching consequences for the entire hemp and CBD industry. In addition to modifying the definitions of “tetrahydrocannabinols” (THC) and “marijuana extract” to exclude legal hemp, and removing FDA-approved CBD-based drugs from scheduled control under the Controlled Substances Act (CSA), the DEA announced a new rule clarifying that all hemp derivatives or extracts exceeding 0.3% delta-9 THC remain schedule I controlled substances.

Although seemingly innocuous at first glance, this clarification may potentially create a profound practical obstacle to the legal manufacturing of most hemp-derived CBD products. As many processors and extractors in the industry know, hemp extract that is not in its final form almost invariably exceeds 0.3% delta-9 THC concentration at some point during the extraction process before that percentage is brought back into legal compliance for the final product.

[T]he definition of hemp does not automatically exempt any product derived from a hemp plant, regardless of the D9-THC content of the derivative. In order to meet the definition of ‘hemp,’ and thus qualify for the exemption from schedule I, the derivative must not exceed the 0.3% D9-THC limit. The definition of ‘marihuana’ continues to state that ‘all parts of the plant Cannabis sativa L.,’ and ‘every compound, manufacture, salt, derivative, mixture, or preparation of such plant,’ are schedule I controlled substances unless they meet the definition of ‘hemp’ (by falling below the 0.3% D9-THC limit on a dry weight basis) or are from exempt parts of the plant (such as mature stalks or nongerminating seeds). See 21 U.S.C. 802(16) (emphasis added). As a result, a cannabis derivative, extract, or product that exceeds the 0.3% D9-THC limit is a schedule I controlled substance, even if the plant from which it was derived contained 0.3% or less D9-THC on a dry weight basis.