The first thing people ask after finding out that CBD is a compound extracted from cannabis is the legality of the products. Wherever you look for the answer, you will get a different answer that will confuse you even more. The confusion is created by the varying stance of different government bodies that influence the legal status of CBD oil and hemp oil. It is complicated to know where to start looking for that single legal stance that you can hold onto.
What Is Hemp?
It’s common knowledge that hemp is a plant related to the marijuana plant. But the legal definitions of both these plants vary. This is where you will have to start to look for answers to the questions about the legality of CBD oil and hemp oil.
A good place to start is the Farmers Act of 2014 where lawmakers introduced a measure that will separate and differentiate between industrial hemp, which will be legal, and the rest. According to the law, any cannabis plant that contains less than 0.3% of tetrahydrocannabinols, or THC, will be classified as industrial hemp. THC is a compound found in the cannabis plant that is responsible for the euphoric high. Because of its psychoactive attributes, it is dangerous. Thus, the cannabis has been deemed illegal.
The 0.3% quantity ensures that these unwanted effects are reduced. Therefore, this was made the legal percentage allowed for industrial and research purposes. The Act also caused several states to regulate their hemp-related laws and set the new 0.3 % of THC as the benchmark. Now, many statewide programs are being run on these guidelines. However, there are still variations in the purposes behind growing hemp.
DEA, the Drug Enforcement Administration, is the enforcer of the Controlled Substance Act in the US. They have set guidelines that they follow to determine the legality of cannabis and legal CBD, which increases the confusion. DEA states that stalks and some other derivatives of the stalks do not fall under the Controlled Substance Act. Therefore, all the products are now made from the hemp oil extracted from the stalks. This leeway led many manufacturers to make legal CBD by the law.
As industrial hemp is only the seed and fiber part of the cannabis plant, the remaining parts, including the flower, are still considered to be out of bounds. The Farmers Act looks change the guidelines and set new ones. The new Act states that the whole plant, grown for industrial hemp, will be considered as legal as long as it is under 0.3% THC.
The new guidelines help manufacturers produce extracts of higher quality from all parts of the plants. It also helps the manufacturers to use less material than before and produce it much quicker. The flower is the best part for making a high-quality concentrate. However, it is still illegal to use the flower to make a concentrate.
This is where the dispensaries come in the picture. They have special permissions and protection given by state laws. Under these protections, dispensaries can trade CBD products that come from the flowers of cannabis plants. Also, because of the extended protection, the dispensaries are allowed to sell products with higher than 0.3% THC.
An increasing number of manufacturers are now growing legal CBD. The manufacturers stay under the legal umbrella and produce legal CBD oil. The idea was further strengthened by a statement of DEA chief, where he asked not to harass hemp farmers as they are protected.
Now is the time when CBD oil and related products are legal under particular guidelines. You too can have a legal CBD business under the new laws.