Federal Regulation of CBD Oil

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(Newswire.net— June 7, 2020) — CBD has the whole world talking, and the popularity of this product has risen by over 260%. This is because it is widely believed that CBD supplements, such as CBD oil, can help with a vast amount of health issues, such as anxiety, stress, insomnia and even seizures in some cases. 

However, as CBD is derived from the marijuana plant, many people question the legality of various CBD products. Although CBD does not contain the chemical compound THC (this is the chemical in marijuana that gets you ‘high’), it is still part of a (mostly) illegal plant. Here’s everything you need to know about the federal regulation of CBD and CBD oil. 

Is CBD legal? 

CBD seems to be everywhere nowadays- drug stores, gas stations, even pets stores are selling it. However, the selling and distribution of CBD has rather murky legislation and regulation. 

The regulation is tricky to understand, so here is a breakdown of the legality of CBD products according to federal regulation:

Firstly, the federal government recognizes two forms of the cannabis plant: hemp and marijuana. Hemp is much less processed than the marijuana plant, and contains very little THC and high levels of CBD. Marijuana, however, contains up to 30% THC, and only has trace amounts of CBD. As a result, the federal government has legalized CBD which has been derived from the hemp plant, and contains no more than 0.3% THC. CBD that comes from the marijuana plant is illegal, as this plant is considered to be a schedule 1 drug. However, any farmers that want to grow hemp must follow various regulations set by the federal government, meaning that CBD produced by an unlicensed farmer is illegal.

However, as CBD is an approved prescription drug, this means that it cannot be sold as a supplement with therapeutic properties without first going through the FDA’s drug approval process. 

But what about oil, pills or edibles, are they legal? Because many CBD products have not been proven to be effective, their legality remains a grey area. 

To make it even more complicated, many states have updated their own laws regarding CBD, and these are not always in line with federal regulations.

Here are some examples:

  • Colorado: this state recently made it legal to use all parts of the hemp plant as a food ingredient. As well as this, Colorado became the first state to legalize marijuana for recreational use. 
  • These states have also legalized marijuana, and therefore CBD: Washington, Oregon, California, Nevada, Alaska, Michigan, Illinois, Vermont, Massachusetts and Maine.
  • However, CBD products with any trace of THC in them are illegal in states like Texas. 

If you are wondering whether or not the state you live in has legalized CBD, it is always best to research before you consider buying any. 


The federal regulations of CBD products and CBD oil are murky and difficult to understand. If you are considering purchasing any form of CBD, make sure you first understand the rules and regulations regarding this supplement in your own state, and only buy CBD products from a trusted provider.