Clearing Up Confusion with CBD

A common confusion in the legal world surrounds the legalities of using CBD in the United States. Many people believe CBD is illegal like its counterpart THC, however, this is not the case. In fact, cannabinoid (CBD) use is legal in all 50 states.

CBD vs. THC: What Is the Difference?

People refer to terms like CBD, THC and marijuana interchangeably, but there are many scientific differences. At a high level, marijuana is the plant that holds both CBD and THC. Growers of marijuana plants have to legally operate a farm that is overseen by a local government entity and complies with all federal and state laws. Once the marijuana plant is grown, it can then be harvested for its CBD and THC.

First, CBD is the non-hallucinogenic derivative of the marijuana plant. CBD has a number of uses ranging from addressing pain symptoms, helping with anxiety, nausea, sleep disorders and easing other tensions. CBD can be extracted from marijuana plants and used in a number of ways. Manufacturers of CBD will place it in digestible products, tinctures and capsules. Like CBD, other non-hallucinogenic chemicals can be extracted from the plant too. These include CBN, CBG and CBC that have slightly different effects vs. CBD.

THC, on the other hand, is the hallucinogenic part of the marijuana plant. The key difference in the two derivatives of the plant is that THC is what gives its user a “high” feeling. While the chemical may also be placed in digestible products, tinctures, gummies and capsules, it leaves the user with a psychoactive feeling. And in the legal world, THC is the part of the plant that is not federally legal in all 50 states. While we’ve seen states like Washington, California, Nevada and Oregon legalize the plant entirely, there are several other states where its THC use is illegal.

FDA Guidelines for CBD

Although CBD is legalized in the US, there are disclosures set forth by the FDA. Because CBD hasn’t been fully vetted and tested by the Food and Drug Administration, claiming it has health benefits is not permitted. Retailers and CBD manufacturers have to abide by the FDA’s recommendations and use a disclaimer with every product sold. In no instance can a product claim any sort of health benefit.

For Retailers & Consumers

Any business owner planning to retail CBD products needs to be certain it has a minimal amount of THC (or none at all). The legal limit in the US is 0.03% of THC in CBD products. This ensures that 1) it meets the legal requirement for retailers and 2) it does not give its users an unintended “high” feeling.

Consumers planning to use CBD are free to do so in any state in the US. Again, this product is 100% legal and is why you can now find CBD products in pet stores (among other places). CBD is used to treat a variety of wellness issues and has been made in such a way that it does not act like a narcotic. While it is legal, it’s advised that any consumer checks with their primary care physician or family doctor about the dosage and how often to use CBD.

It is Del Law’s hope that you are now more informed about the legalities of CBD. Should you have any questions, please leave a comment below.

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