Understanding the Complex Framework of CBD Legality

Understanding the Complex Framework of CBD Legality

As a country, we've come a long way towards the total legalization of marijuana and all its associated products, including CBD oil. From humble west coast beginnings of just a small handful of states allowing commercial access to marijuana, the trend has spread across the country. Today, marijuana is legal either for medical or recreational purposes in dozens of states. CBD's legal evolution has occurred alongside the laws that apply to the actual cannabis plant itself. Here is a breakdown of CBD's legality, how to safely purchase it, and common pitfalls for consumers to avoid.

The Short of It

Unlike cannabis, which is restricted under the Controlled Substances Act of 1970, extracted CBD oil is totally legal across the country — provided that the product contains no more than 0.3% THC, which is the psychoactive ingredient in marijuana that is responsible for the "high." Commercial suppliers are careful not to exceed this limit and trigger legal issues, so you should only buy from manufacturers that exist above-board in terms of complying with the law and delivering a quality product. Being cautious when you buy will save you any unnecessary stress you might have to deal with later regarding legality.

When Isn't It Legal?

Always buy from a trusted source. As mentioned earlier, using CBD oils that contain higher amounts of THC than allowed can mean huge legal consequences. In some states, if you get in an accident while using CBD, it may be held against you. There are several documented cases of people who legally purchased and used CBD oil but actually failed drug screening tests to meet employment or probation requirements. Avoid using CBD products, including vape pens, that come from questionable or foreign sources. Users should be especially aware of the dangers of products imported from China, which are more likely to contain harmful chemicals or unapproved substances.

Transporting CBD

Moving CBD across state or federal lines is a sticky issue. Several countries have not yet legalized CBD, so when taking your personal supply on a business trip or vacation, exercise caution. Penalties for importing unapproved substances can be severe in some nations. America's Transportation Security Administration (TSA) has issued conflicting regulations regarding CBD through the years, first insisting it was totally banned but then altering its policy to allow CBD with not more than 3% THC in compliance with federal law. When planning to travel with CBD, research where you’re going and its laws regarding CBD. Doing this will not only make sure you’re being respectful of your destination’s laws, but it will also save you legal headache. If the laws are unclear or you’re just unsure of what’s allowed, if possible travel without your CBD.

When considering the legal implications of CBD products, it's best practice to stay aware of any legal developments. CBD and marijuana are rapidly evolving industries, with laws often struggling to keep up. Be aware of current laws and brace for change as the mystery around CBD disappears and understanding increases.