The short, simple and confusing answer is …
YES and NO.
The legality of CBD isn’t so cut and dry because it really depends on the laws of the particular state where you live.
At the time that I am writing this article, because CBD Oil is derived from cannabis, a Schedule 1 Controlled Substance, the United States Drug Enforcement Agency (DEA) considers CBD illegal in all 50 states.
Being classified as a Schedule 1 controlled substance puts CBD Oil in the same category as Heroin and Meth in terms of illegality. This means that even though CBD Oil will not get you high, the attorneys of the DEA, DOJ, FDA and USDA still consider CBD as absolutely illegal. (1)
Now, you may be asking if the powerful agencies of the United States government consider CBD illegal then why do you see it available everywhere?
THE 2014 FARM BILL
The 2014 Farm Bill contains a provision that allows farmers to form joint ventures with universities or state agricultural departments to cultivate industrial hemp for research purposes.
However, while industrial hemp is legal for research purposes under the 2014 Farm Bill, the DEA still considers it illegal for industrial hemp growers to market and sell CBD Oil. But as you can see by the wide availability of CBD Oil products everywhere, the DEA and other federal agencies are choosing not to enforce the current laws regarding the sale of CBD Oil products.
THE HEMP FARMING ACT OF 2018
Fortunately, there is potentially good news regarding the future legality of industrial hemp on the horizon.
On 4/12/2018, Republican Senate majority leader Mitch McConnell (R-KY) introduced legislation sponsored by Congressman James Comer (R-KY) called the Hemp Farming Act of 2018. If passed, the bill would remove hemp from the DEA’s Controlled Substances Act (CSA) and legalize the sale of CBD oil products in all 50 states. (2)
At the time of this writing, negotiations involved with this bill are in a temporary impasse until the “lame duck session” which is the time period after November’s midterm elections and the end of the year.
THE BOTTOM LINE ON CBD LEGALITY
Bottom Line: You can buy and use CBD Oil products without fear of the DEA or other federal agencies breaking down your door and arresting you. However, you would still be wise to practice caution and keep up on your state and local laws regarding the sale of CBD Oil products.