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Is CBD Legal?

There is much confusion between the two main types of phytocannabinoid-rich cannabis plants (Hemp and Marijuana) and the legality of each. Let’s take a look at the two main types of cannabis plants to better understand the legalities. 

Even though "marijuana" and "hemp" come from the same type of plant (cannabis) they have been bred to produce different amounts of chemical compounds, some of these chemical compounds are called phytocannabinoids and can generate very different reactions when the plant is consumed.

The "marijuana" strain of the cannabis plant, also known as "weed" or "pot", is most often bred to contain high levels of the cannabinoid THC. THC is short for tetrahydrocannabinol and is the psychoactive component in the plant that delivers a “high” when it is consumed. Cannabis plants with more than 0.3% THC are considered "marijuana" and remain federally illegal. Most states have made  "marijuana" legal for medical purposes and many states have even made it legal, for recreational use. 

The "hemp" strains of the cannabis plant come in two main types, Industrial Hemp and Agricultural Hemp.

Industrial Hemp traditionally contains little to no useful compounds and is used primarily as just a fiber in things like ropes and clothes....  In short, these species usually contain very little (if any) THC or CDB.

Agricultural Hemp strains, are new and bred to contain high levels of the compound CBD and other healthy phytocannabinoids but contains less than 0.3% THC. CBD is short for cannabidiol and does not induce any psychoactive effects. 

On September 27, 2018, the DEA announced that drugs including CBD with a THC content below 0.1% are now considered Schedule 5 drugs, as long as they have been approved by the U.S. Food and Drug Administration. Drugs containing more than 0.1% THC remained on the Schedule 1 list. This is the first time since the 1970s, the agency has lowered any form of cannabis from a Schedule 1 listing.

Soon after the new DEA regulations for cannabis were announced, industrial and agricultural hemp cultivation and sales became federally legal again in the United States. This was accomplished when the 2018 Farm Bill (which was signed into law by President Trump on December 20, 2018) legalized Industrial and Agricultural hemp plants (containing less than 0.3% THC). The 2018 Farm Bill became law on January 1, 2019. 

Testing the effects of the healthy, organic, and non-psychoactive compounds of the cannabis plant on the human body was extremely limited while the cannabis plant was still deemed federally illegal. Due to these past laws, compounds like CBD have only very recently been approved by the FDA as a drug for treating a minimal number of medical conditions. 

The FDA has taken the position that because CBD Isolate is an active ingredient in a prescription drug for Epilepsy (that has been approved by the agency), Broad Spectrum CBD may therefore need to be approved as Generally Recognized as Safe (GRAS) to be sold as a dietary supplement and the studies required to get that potential designation are still ongoing.

Vendors that are selling CBD products as a dietary supplement, are “prohibited from making any health claims which are an explicit or implied characterization of a relationship between a substance and a disease or a health-related condition.”.

Unfortunately, the above FDA policies mean we can’t say much about the benefits of CBD although documentation of cannabis benefits date as far back as 2700 B.C.. CBD vendors are also prohibited from pointing customers to any of the numerous studies, research papers, or testimonials that can be found online about its benefits. We do hope however that you will do some research and seek out all of these helpful and interesting resources on your own.

Our Freedom Wellness products are based on, Broad Spectrum, Agricultural Hemp which means even the 0.3% THC allow by the 2018 farm bill, is removed until it is no longer detected by our 3rd party choreographic testing.