IS IT LEGAL?
In 1970, the Controlled Substances Act classified cannabis as a Schedule 1 substance, making Hemp illegal to grow in the United States. For 44 years that classification stood until the 2014 Federal Farm Bill presented the opportunity for research and pilot programs to cultivate hemp.
According to the 2014 Farm Bill- a set of federal laws concerning US food and agriculture, legal “industrial hemp” refers to plants and products derived from cannabis plants with less than 0.3% THC, grown by a state-licensed farmer. The Farm Bill allowed the farming of hemp for research purposes, a step in the right direction for the future U.S. hemp industry.
Marijuana was still federally outlawed as a Schedule I substance, which the US Drug Enforcement Administration (DEA) states has “no currently accepted medical use and a high potential for abuse”.
Because CBD hemp oil products are categorized as dietary supplements in the United States, providers of CBD oil must comply with the FDA guidelines and cannot endorse any specific medical benefits of CBD hemp oil. Be wary of any CBD hemp oil company that makes medical claims about the use or efficacy of CBD oil to treat any medical condition.
IT'S A BRAND NEW DAY
With the passing of the 2018 Farm Bill, cannabidiol (CBD) has become legal at the federal level. The bill will also allow the state departments of agriculture to be responsible for the oversight of farming and cultivation. As consumers have been able to buy CBD products in the 47 states where it has been legal, the new law has changed the definition of marijuana so that it no longer includes hemp and removes CBD derived from hemp from the DEA’s controlled substances list. By removing CBD hemp from the controlled substances list, it can now also legally be transported across state lines.
CBD may still face legal hurdles as the FDA has emphasized that it has the authority to regulate the use of compounds from the plant, including CBD. This could mean regulating CBD products as prescription drugs, which would require them to first undergo rigorous studies for safety and effectiveness. Regardless, more studies are already being done world-wide than ever before, as safety and efficacy are of major importance and priority.
WILL I FAIL
A DRUG TEST?
Much like the consumption of poppy seeds may lead to a positive drug test for opioids, the consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (THC).
THC is inherently present in trace amounts in hemp plants. The legal limit of THC in hemp is no more than 0.3%. It’s important to understand that the underlying science behind the conversion of certain cannabinoids to other related cannabinoids when consumed is not yet fully understood.
If you are subject to drug testing, we strongly suggest consulting your health care provider before consuming any hemp products because individual biochemistry, the potential for the conversion of cannabinoids, and the possibility of trace, but legal, amounts of THC inherent in hemp products are all factors to consider.