Before getting into the legality of Cannabis oils, you first need to understand the nitty gritty of the compound so as to understand the legislature that surrounds it better. Cannabis oil makes about 40% of the chemical compounds that are found in Marijuana. Its famous psychoactive counterpart THC and about 60 other chemical compounds comprise the other 60%.
In recent times, cannabis oil has received plenty of publicity after it was found that it could help children suffering from seizures. This has pushed by many legislations in different states. The legality of cannabis oil is precarious and depends on two factors. The first is the type of CBD and the second is the State legislation.
Types of Cannabis Oil
The part of cannabis plant it’s extracted from defines the type of cannabis oil. The law behind this might be somewhat complicated. But we’ll try to make it simple.
Cannabidiol from Industrial Hemp: there are a couple of factors that you need to be well aware of to understand how this works. There are the leaves which most of the legislation covers because of their high content of THC, and there is the stalk (hemp), which has been mostly left out in the regulations because it does not have THC. Nevertheless, it is still relatively rich in CBD.
With that said, the FDA considers Hemp oil and CBD (which is the derivative) a dietary supplement and not medication because they’re made from industrial hemp plants. This makes cannabidiol from Industrial hemp legal in any state as long as you’re living in the United States.
You have to remember that even in the case of CBD extracted from Industrial hemp, there are laws that govern what kind of CBD can be considered legal. For instance, the law does not allow US farmers to grow hemp as a commercial crop. However, it does provide for the sale of products that are derived from imported low-THC industrial Hemp. The products in question have to be extracted from the seed or the stalk of the plant and not the leaves or the flower to be considered legal.
Cannabidiol from medical marijuana: medical marijuana is a plant that is grown to have a high CBD content. However, the amount of THC might also vary in such plants. Because the amount of THC in these plants can differ dramatically, the legality of the CBD is usually in question. As such, some states that do not have legislation in place to allow the use of the oil even for medicinal purposes. In some other states, the oil is highly controlled while in others; you will need to have a prescription from your doctor to receive medical marijuana and even the CBD.
To this point, there are a couple of facts to regurgitate on. Cannabidiol that is extracted from industrial hemp is legal to purchase and use within any state in the US. Although, if you live outside the US, you might want to freshen up on the laws of your locality. On the other hand, the legislation of cannabidiol derived from medical marijuana is not very straight. This varies from state to state, as you’re about to see.
Is Cannabidiol Legal in My State?
There are about 25 states as well as the District of Columbia that have legislature legalizing the use of marijuana in some form. Out of the 25, there 16 that have laws specifically about legal cannabidiol.
The first states to legalize the use of CBD for medicinal purposes in 2014 were Alabama, Florida, Kentucky, Iowa, Mississippi, Missouri, South and North Carolina, Tennessee, Utah and Wisconsin. In each of the states, the use of CBD has been limited to seizures whether in debilitating or mild capacity. In each state, the law has specified the case in which the user might not be prosecuted for the use of Cannabis Oil.
The year 2015 saw the number of states legalizing the use of CBD increase with the addition of Virginia, Texas, Oklahoma, Georgia, and Delaware. In its law, the state of Oklahoma goes on to specify that for the CBD to be considered legal, it has to have a THC composition of not more than 0.3%. In Texas, the legal THC composition is 0.5%. The state of Virginia allows the highest balance of THC at 5%.
The legislation on cannabis oil is not entirely straightforward. While one version of the product might be illegal, another can be legal in all the 50 states but it has to be extracted from certain parts of the Marijuana plant, and those plants have to be imported.
More importantly, for the states that have legislation and allow the use of CBD from medical marijuana plants, the legality is only limited to medicinal use, and in most of them, you have to have a prescription from a doctor to be able to obtain the product.