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There is a growing interest in cannabidiol (CBD) and other cannabis-derived products for therapeutic purposes in the market. CBD derives from the Cannabis sativa plant that includes hemp and marijuana as its cultivars. It is effective in treating anxiety, stress, pain, and inflammation. It is marketed and sold as an ingredient in many products, including cosmetics, dietary supplements, food, and prescription drugs like Epidolex, Marinol, and Syndros.
However, to make them legally available in the United States, the manufacturers of these products must first get them approved by the U.S. Food and Drug Administration (FDA) agency. That is a necessary step to ensure that all the CBD products available in the market are safe to use and will not put consumers at risk.
If you are a seller or user of CBD products, it will help to know about the current CBD Regulations.
Understanding CBD Regulations
The 2018 Farm Bill
As per the Agriculture Improvement Bill of 2018 (the 2018 Farm Bill), the hemp plant (from which cannabis derives) is no longer on the Controlled Substances Act (CSA) if, on a dry weight basis, it does not contain more than 0.3 percent of delta-9-tetrahydrocannabinol (THC). That means CBD substances derived from hemp are no longer subject to regulation and oversight as controlled substances under federal law. The U.S. Department of Agriculture (USDA) now considers hemp an agricultural commodity and regulates its production.
Under the FD&C Act and section 351 of the Public Health Service Act (PHS Act), the FDA retains the authority to regulate products containing cannabis or cannabis-derived compounds. The CSA will continue to prohibit CBD products that do not meet the statutory definition—for instance, CBD products sourced from marijuana in many cases and containing 15% to 40% THC—and the Drug Enforcement Administration (DEA) will continue to regulate them.
Apart from the prescription drugs Epidolex, Marinol, and Syndros, the FDA has not yet approved any medical drugs containing CBD ingredients. That is because the FDA requires more stringent research data on the medical efficacy of CBD to treat particular diseases or health conditions than is currently available.
The FDA does not permit the sale of human and animal food and dietary supplements that contain CBD products. While the FDA does not regulate the pre-market approval of cosmetics, it can ban CBD ingredients used in them if these do not comply with applicable requirements and are likely to adulterate the cosmetics and cause harm to consumers.
CBD Legalization in the Different States
Since the 2018 Farm Bill gives states the right to oversee hemp production, the legal status of CBD can vary from state to state. The state-specific legislation regarding CBD products differs based on whether they derive from hemp or marijuana and their intended use.
You can buy hemp-derived CBD for any use, marijuana-derived CBD for medicinal use, and marijuana-derived CBD for recreational use in:
12. Washington D.C.
You can buy hemp-derived CBD for any use and marijuana-derived CBD for medicinal use, but not marijuana-derived CBD for recreational use in:
14. New Hampshire
15. New Jersey
16. New Mexico
17. New York
18. North Dakota
22. Rhode Island
23. South Carolina
26. West Virginia
The following states allow only hemp-sourced CBD for any use:
5. North Carolina
6. South Carolina
All CBD products are illegal in:
3. South Dakota
Arizona allows hemp-sourced CBD for any use, is undecided about marijuana-sourced CBD for medical use, and has banned marijuana-sourced CBD for recreational use.
The federal and state legislation and regulations prohibiting or banning CBD products for personal, recreational, or medical use may change in the future as more scientific research becomes available regarding the safety and efficacy of hemp-derived and marijuana-derived CBD products.