A Guide to CBD Law in the USA

The CBD oil market is projected to reach a global worth of US $12.9 billion by 2027. However, there are still uncertainties regarding CBD law and how regulations might affect the production of this product in the future.

If you’re wondering whether CBD oil is legal in the US or what the current CBD oil laws are, we’re here to walk you through it. This guide covers everything you need to know about the current state of CBD and the future of CBD products.

What Is CBD Oil?

CBD oil, by federal law, is an industrial hemp product. The law differentiates hemp and marijuana by the amount of THC content.

Hemp is a term used to describe cannabis with 0.3% of THC or less. This is the legal definition of hemp, which is outlined in the Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill.

Has the FDA approved CBD?

As of this article, the FDA has not approved the use of cannabis for any condition or disease. However, one cannabis-derived and three cannabis-related products have been approved.

Epidolex is a purified form of CBD used to treat seizures in those with Dravet syndrome or Lennox-Gastaut syndrome, two rare forms of epilepsy.

Marinol and Syndros are also FDA-approved for therapeutic use. Cesamet is another FDA-approved drug that can treat vomiting and nausea experienced by cancer patients undergoing chemotherapy.

The FDA has not yet approved any other CBD products. Drugs need to either conform to a monograph or receive approval through the New Drug Application (NDA) process.

There is no marketing application for cannabis to treat any condition or disease.

State CBD Laws

One reason CBD law can get confusing is that it varies from state to state. Some states allow both marijuana and hemp CBD, while others allow one or neither.

Each state determines its own regulations. Common defining factors include whether it’s used medically (with a doctor’s prescription) compared to recreationally. The source (hemp or marijuana) and the THC content can also impact a state’s regulations.

You’ll need to research your state’s laws on CBD to learn the full details, especially if you plan on traveling with CBD or purchasing from another state.

The DSCSA (Drug Supply Chain Security Act)

So what does the future of CBD look like?

Title II of the Drug Quality and Security Act, known as the Drug Supply Chain Security Act (DSCSA), provides rules for the tracing of a product at the package level. Doing so makes tracing and identifying prescription drugs easier as they are distributed. It also prevents issues such as contaminated or counterfeit drugs.

The US pharmaceutical supply chain must be completed electronically interoperable in order to determine the legitimacy of a product.

Those in the CBD market need a DSCSA compliance solution.

Understanding CBD Law

CBD law can get confusing, as there are many variances among states. Hopefully, this guide has helped you understand more about CBD oil laws on a state and federal level.

To learn more law-related content, be sure to browse the rest of our website.