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cbd federal law

Let me elaborate on each of these three circumstances, which, for reasons that will become clear, appear vanishingly narrow. As a result, I doubt that much (if any) of the CBD now being produced and sold in the U.S. as “legal” really qualifies as such.

1. CBD extracted from parts of the cannabis plant which Congress excluded from the definition of marijuana

In comments to the Rule, the DEA insisted that it covered CBD—i.e., that CBD was a “marihuana extract” (a “cannabinoid . . . derived from any plant of the genus Cannabis”) and was thus included on Schedule I. (The full Rule and comments to it can be found here.)

2. CBD produced for research purposes pursuant to the federal Agricultural Act

The FDA’s approval of Epidiolex did not, by itself, make it lawful to possess or distribute CBD under federal law. Even after the approval, the company that makes Epidiolex (GW Pharmaceuticals) still couldn’t lawfully sell it. It was still considered “marijuana”, and thus a Schedule I drug, if it was produced from the buds or leaves of the Cannabis plant. So GW Pharmaceuticals had to wait for the DEA to move Epidiolex off of Schedule I.

Cbd federal law

As hemp, its fiber made the sails that carried European colonists across much of the known world. It was so fundamental to America’s foundations that its image was printed on money. George Washington was notoriously bad at growing hemp, though.

A cheat guide to CBD

University of Connecticut grad student Peter Apicella works with a cannabis plant in a UConn greenhouse growing THC-free hemp. Photo by Mark Mirko/Hartford Courant/TNS via Getty Images

Most CBD products are illegal — but only if someone is checking

But the agency has limited staff for enforcement. As of this writing, the FDA has only issued warning letters to violators, though it has hinted at pursuing broader enforcement with federal and state partners if the CBD craze continues. Local law enforcement in states like Iowa, Ohio and Texas have also raided hemp and CBD stores this year.