CBD Products and Regulations

Disclaimer: This article contains affiliate links. This means that if you click on a link and make a purchase, we may receive a commission at no extra cost to you. Our recommendations are based on our own opinions and research, and we only recommend products or services that I believe will benefit my readers. The commission we earn helps support the content on this blog.

Author: Jason Beverly

Despite a vitriolic political environment, one of the surprise consensus bills to come out of Washington is the landmark Agriculture Improvement Act of 2018. More commonly known as the Farm Bill, much of the law involves rules and regulations regarding the broader agricultural industry. But buried within the granularity was a critical concession: for the first time, the federal government legalized industrial hemp and hemp-derived products.

Previously, in the equally groundbreaking 2016 general election, a record number of states voted for cannabis legalization to varying degrees. Although an impressive victory for botanical advocates, the various measures only covered the individual states forwarding the legislation. Even then, under federal law, these states were essentially breaking the law, technically subjecting themselves to the risk of federal crackdowns.

However, states like Colorado legislated recreational cannabis prior to the Farm Bill. And during the Obama administration, the U.S. government implemented a de facto permissibility – a don’t ask, don’t tell policy, if you will. That said, the Farm Bill made this initiative official, thereby eliminating confusion.

cbd oil dropper with tincture bottle on top of hemp leaf

Or that was the intention: as with most things the government does, unintended consequences seem to be the rule and not the exception. While CBD is a legitimate and federally protected retail product, the issue remains a dynamic one. To help clear up some confusion, we’ve put together some helpful insights to clear up certain myths.

Myth #1: Cannabis Is Legal

Contrary to popular assumptions about the 2018 Farm Bill, cannabis is not legal; far from it, actually. What is legal, as we mentioned above, is industrial hemp and its derivative products such as CBD oil tinctures, capsules and gummies. From a chemistry standpoint, hemp is a strain of the cannabis sativa plant species. Federal law adds one critical defining characteristic: legal hump must contain no more than 0.3% THC content.

This is the reason why you see many products advertised as containing no or trace amounts of tetrahydrocannabinol (THC), the psychoactive cannabinoid also found in the cannabis plant. So long as industrial hemp or any hemp-derived product meets the THC content requirement, the federal government permits its sales (depending on individual state laws).

Myth #2: CBD Is Legal

This is a very common misconception due to the proliferation of cannabidiol-infused products. Nowadays, it’s almost impossible to talk about organic health products without someone mentioning CBD. While advocates of cannabis-based therapies have longed for this transition, it has also created serious misconceptions regarding federal law.

Under the language of the Farm Bill, CBD is technically illegal. That’s because cannabidiol is among the most commonly distributed cannabinoid within the cannabis plant. As we mentioned in the first myth discussion, cannabis is not legal. What is legal is hemp and only hemp derived CBD.

The reason why CBD is legal is because the products that you see advertised and distributed are hemp-derived CBD. But please do not assume that all CBD is legal. Only if CBD is sourced according to Farm Bill standards will it meet the federal exemption.

Thus, it’s crucial that you buy CBD only from reputable dealers such as Nug Republic.

Myth #3: State-Legalized Medical or Recreational Marijuana Is Legal

As we mentioned at the top, an unprecedented 2016 general election saw several states forwarding legal marijuana initiatives. The midterm election of 2018 further bolstered the enthusiasm toward cannabis legalization. Thus, with the Farm Bill, people may assume that medical or recreational marijuana has been legalized for the states that passed favorable laws.

This is absolutely a false assumption: if you are using marijuana (defined as any non-hemp derived cannabis material), you are violating federal law. It does not matter if you are in compliance with local or state laws. The Farm Bill only legalized industrial hemp and hemp-derived products.

It’s important to note that the federal government still classifies non-exempt cannabis as a Schedule I drug, meaning that enforcement will be conducted by the Drug Enforcement Agency. Among the many precautionary notes, you absolutely must not travel with marijuana (medical and recreational) across state lines.

Myth #4: All CBD Products Are Regulated by the FDA

According to the Congressional Research Service report, “FDA Regulation of Cannabidiol (CBD) Products,” the Food and Drug Administration regulates many CBD and hemp-derived cannabis products. However, the report does not say that the FDA regulates all CBD products, which is a crucial distinction.

For one thing, the FDA does not have the most favorable stance toward CBD products, as cannabidiol is often used as an ingredient in edibles or as the active compound in topicals. Primarily, the FDA objects to CBD-infused products because cannabis is the key ingredient in Epidiolex, the first and so far only FDA-approved cannabis-based drug.

Under the U.S. Federal Food, Drug, and Cosmetic Act, a compound that’s an active ingredient of an FDA-approved drug cannot be used as an ingredient in retail food products. Furthermore, the complexity of cannabis regulation in the U.S. means that FDA oversight over legal CBD remains a tricky issue.

We can, however, clarify one point: currently, the FDA does not endorse any statement made by CBD manufacturers regarding treatment of specific diseases or conditions. Any such producer risks severe penalties and it may imply that the product does not meet regulatory muster in other areas.

Again, we must stress this point: always buy your CBD from reputable dealers.

Myth #5: You Can Travel Anywhere in the U.S. with CBD

This is the most confusing myth because technically, it’s not a myth: based on the language of the Farm Bill, you should be able to travel with (even fly with) legal, industrial-hemp derived CBD products.

But the reason why we urge caution and vigilance is because practically speaking, federal agencies don’t always work well together. And in the case of CBD laws and regulation, various agencies – even down to the individual officer – may have different interpretations and therefore may impose penalties where none is warranted.

Only one aspect of traveling with CBD is rock-solid: if your child uses Epidiolex (the drug is designed for children with severe seizure disorders), you may have the drug in your checked or carry-on luggage. But in any cases involving carrying CBD across state lines, you should carry your paperwork.

Better yet, just buy CBD products in your destination state or order CBD online and have it shipped there.

Finally, please be aware that individual states can carry stricter CBD laws than the federal mandate imposes. Therefore, please understand your destination states’ laws and regulations before thinking about carrying CBD there.

4 Reasons to Try CBD Edibles

July 27, 2020

Author: Jason Beverly Have you tried CBD edibles before? You should. The market is filled with options, and there are many benefits to choosing edibles over other methods of consuming CBD. Let’s take a look into why edibles can be better than vaping CBD or using CBD oil. 1. Discretion CBD is a new health…

All you need to know about cannabis oils, concentrates, and extracts

April 15, 2020

Author: Janet Dahlen It is worth knowing that cannabis oils, concentrates, and extracts can provide you with many excellent benefits that you will not get from smoking. They are not only easy for precise dosing but also have refined flavors. Those products are focused on the finest ingredients of cannabis. You can get them in…

CBD Holiday Gift Guide 2020

November 7, 2020

Disclaimer: This article contains affiliate links. This means that if you click on a link and make a purchase, we may receive a commission at no extra cost to you. Our recommendations are based on our own opinions and research, and we only recommend products or services that I believe will benefit my readers. The…

Why CBD?

December 28, 2019

So why did I start this journey?  My son started a company, he’s an entrepreneur, a word that is foreign to my generation.  He’s always been one step ahead in thinking than any of us.  He comes up with things that we have always said, “gee I wish I would have thought of that, and…

Affordable Beauty & CBD

December 28, 2019

Let’s face it.  All of us women, young and old, are under pressure to maintain our outer mold.  We are critical, whether we want to admit it or not.  You know when you look at someone, your first impression holds a lasting effect.  After all, no bags, few wrinkles and skin that glows must come…

Do You Develop a Tolerance to CBD?

December 20, 2019

Author: Jason Beverly Thanks to the surge in popularity of cannabis-based products such as cannabidiol (CBD), there has never been a better time to consider botanical therapies for myriad conditions and symptoms, or for general health purposes. Because of a shift in public sentiment along with growing political momentum, legal cannabis-based products no longer carry…

Best Delta 9 According to Reddit 

August 22, 2023

Author: Joy Hughes Up until now, it was difficult to get your hands on some high-quality Delta 9 THC. You either had to live in a weed-legal state or possess a medical marijuana card to get the good stuff. But those days are over my friend! Thanks to the 2018 Farm Bill, and to persistent…

Delta-8 THC Brownies Recipe

June 20, 2021

Delta-8 THC is not the same substance as Delta-9 THC. We recommend learning more about Delta-8 THC before trying it. In addition to reading up, we always recommend you consult with your doctor before consuming any new substances. If you are new to Delta-8 THC, check out our review of the best Delta-8 THC brands.…

Does CBD Oil Thin Your Blood?

January 26, 2022

Author: Jason Beverly In recent years the popularity and therapeutic appeal of CBD have grown a significant amount, with many people turning to CBD oils and CBD-infused products for relief from a wide variety of conditions, including anxiety, epilepsy, and chronic pain. While CBD may help to ease the symptoms associated with these conditions, it…

Tips for CBD Micro Growing in Small Grow Tents

June 16, 2020

Author: Jason Beverly The CBD industry has a multi-billion-dollar market. With its rapid rise in popularity, many products have been infused with this chemical compound found in the cannabis Sativa strain. As the use of cannabis has been diverging from its infamous recreational usage towards its medicinal purpose, more people want to grow their own…

0 0 votes
Article Rating

About Jason Beverly

Jason Beverly is the Digital Marketing Director of The CBD Benefits, an informational website helping people learn about CBD. He's been researching, developing and writing about CBD & other cannabinoids for over 5 years. Jason uses CBD daily to treat for pain, anxiety and depression.

Subscribe
Notify of
guest

0 Comments
Inline Feedbacks
View all comments