Is CBD Legal?
What You Need To Know
The difference in THC-content is also the primary factor in the legality of each plant. Because marijuana has a high amount of THC, its usage, sales, and cultivation are only legal in a few states. Hemp, on the other hand, is typically legality based on several factors. Is CBD legal? What you need to know, read more below.
Prohibition of Cannabis and Marijuana
The legal history of cannabis in the United States pertains to the regulation of cannabis (legal term marijuana or marihuana) for medical, recreational, and industrial purposes in the United States. Read more about the timeline and specifics about the legalization of CBD below.
Marijuana Tax Act – 1937
Between 1910 – 1920, nearly a million Mexicans migrated into the U.S. Anti-Mexican sentiment began, and the term “marijuana” increase with a negative correlation of its use by Mexican immigrants. Rumors began to surface with warnings of dangerous tendencies. At this point, government-regulated cannabis more aggressively. Soon anti-marijuana propaganda and the fear of “Reefer Madness” was in full swing.
For decades, federal law did not differentiate hemp from other cannabis plants, all of which were effectively made illegal in 1937 under the Marijuana Tax Act of 1937, imposing heavy taxes on the possession, sale, and transportation of the plant.
Controlled Substances Act – 1970
It was formally made illegal in 1970 under the Controlled Substances Act—which banned cannabis of any kind. The federal government had effectively banned “marijuana,” paving the way for the next 80 years of cannabis prohibition. One of the critical turning points is the passage of the 2018 Farm Bill.
The 2018 Farm Bill Changed The Law
The 2018 Farm Bill removed hemp, which includes low THC derivatives of cannabis, such as CBD products, from the definition of marijuana in the CSA. I cannot overstate how significant of a policy sea change this has been.
To be legal Hemp cannot contain more than 0.3 percent THC, per section 10113 of the Farm Bill. Any cannabis plant that contains more than 0.3 percent THC would be considered non-hemp cannabis—or marijuana—under federal law and would thus face no legal protection under this new legislation. In short, hemp can’t get you high.
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