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CBD oils tend to fall into a certain legal grey area, with many people being unsure what is legal and what isn't. Finding out what's legal or not can often depend on who you ask — not ideal if you love the stuff.
Much of this is due to the DEA, and their non-specific, sort of vague phrasing over whether or not it would be enforced as a schedule one drug over the last few years (they recently made a ruling which we'll get to later). Under the rules of the Controlled Substances Act, cannabis is a Schedule I substance, legally defined as a dangerous drug with no medical benefit whatsoever.
However, there are tons of evidence that this isn't the case, and CBD oil is used to treat all types of ailments. So, why are some CBD oils illegal when we know what is CBD oil used for? Many CBD strains are used to calm anxiety, while others are just looking for a little euphoric buzz — both are entirely safe.
Read a bit further and find out some of the reasons certain CBD oils may be considered illegal, and which can be used worry-free.
Check the source.
So, why are some CBD oils illegal? The simplest way to figure out if the CBD oil you're using is illegal or not is to check the source of its ingredients. CBD products can be a bit sketchy in some cases, mostly because there are people out there trying to make a buck miss-marketing products. Some sell hemp oil with little or no actual cannabinoid profile, and call it CBD oil — something to consider when asking why are some CBD oils illegal.
In addition to not being ripped off, knowing the source of your CBD oil can let you know if you're going to break any federal laws or run afoul with the food and drug administration. CBD products made from cannabis strains are restricted to the states in which cannabis is legal. CBD products made from hemp strains are legal in all 50 states.
To clear things up a bit, this is what the DEA actually said:
"The new drug code (7350) established in [the Rule] does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA). The new drug code includes only those extracts that fall within the CSA definition of marijuana. If a product consisted solely of parts of the cannabis plant excluded from the CSA definition of marijuana, such product would not be included in the new drug code (7350) or in the drug code for marijuana."
Basically, if what you are using to make the CBD oil is illegal under the law, then so is the CBD oil — in most states. A good rule of thumb to go by is if it isn't made from a psychoactive part of the cannabis plant, then you aren't taking a controlled substance.
All that being said, there are still six states in the country that consider all parts of the cannabis plant and forms of CBD oil to be illegal. The states that completely outlaw CBD are Idaho, Indiana, Nebraska, Kansas, South Dakota, and West Virginia. If you use CBD in these states, you are at the whims of the local and state authorities. While it's unlikely to be enforced harshly, you are rolling the dice, in a sense.
Selling CBD products seems to be legally riskier than possessing it. The DEA’s priority seems mostly to concern commercial violations, such as things like local smoke shops and vape stores selling CBD cartridges.
Why are some CBD oils illegal? An issue for some is that CBD is hard to regulate, so it can be difficult to know how much marijuana extract you're getting, or possibly trace amounts of something not on the label.
There are only four states in which you can absolutely be sure that the CBD content claimed on the label is the CBD content in the bottle — Colorado, Washington, Oregon, and Alaska, where cannabis is legal and regulated closely. In some cases, the CBD is put through testing to ensure quality. Buying outside of those states you have to put your trust in the manufacturer, and well, we all know how iffy that can be. Reference this article and you'll never have to ask yourself "Why are some CBD oils illegal?" ever again.