CBD Oil is abbreviated for Cannabidiol oil which is derived from the hemp plant that belongs to the Cannabis species. If CBD or THC oil is derived from the industrial hemp plant and contains less than 0.3% of THC, then it is considered legal for educational as well as academic purposes under the FDA law.
Medical marijuana or Cannabis which contains THC more than 0.3%,i.e., below 15-30% is considered illegal. THC or tetrahydrocannabinol is the psychoactive agent that leads to the euphoric effects.
President Obama signed the law of Agricultural Act under section 7606 of Act “Legitimacy of Industrial Hemp Research” in 2014 which defines that the industrial hemp is different from marijuana.
The ACT states that if the plant is grown with less than 0.3% THC, it will be legal, however, if it has more than 0.3% THC then it is illegal.
The legality of THC oil across the states
If hemp is the source of THC oil, then it is considered legal across all the states of US when sold as the dietary supplement.
The hemp oil does not state the recommended daily intake nor do they provide the Daily Value of the products, so it is better to research your daily intake from reputable studies mentioned online.
The 44 states have approved the use of THC oils such as:
- California
- Colorado
- Kentucky
- Hawaii
- Alabama
- Delaware
- Florida
- Georgia
- Indiana
- Iowa
- Kentucky
- Mississippi
- Missouri
- North Carolina
- Oklahoma
- South Carolina
- Tennessee
- Texas
- Utah
- Virginia
- Wisconsin
- Wyoming and many others
How to distinguish CBD products from other forms of cannabis products?
The Cannabis plant has more than 100 cannabinoids among which CBD and THC are prominent.
THC also termed as Tetrahydrocannabinol results inactivation of endogenous cannabinoid receptors present in the body which includes CB1 and CB2 receptors.
The activation of CB1 receptors leads to psychoactive effects. CBD, on the other hand, is non-psychoactive and does not result in the activation of CB1 receptors.
There is no specific definition of high CBD, medical marijuana, and low-THC products. Instead, these words are used interchangeably with each other.
Medical marijuana is the term used for cannabis use rather than its species, dosage form or mode of preparation. Medical marijuana products include the high content of THC.
CBD-rich products, on the other hand, have high levels of CBD and might contain 0.3% to 5% of THC according to the state laws.
Similarly, you cannot find a standard description of CBD access or medical marijuana state laws because they vary significantly.
Some individuals decriminalize the possession of CBD by their caregivers or qualified patients; however, others authorize the complete manufacturing of the CBD products which includes the cultivation, preparation, distribution along with purchase and possession.
The physicians are considered the gatekeepers in all cases of acquisition of marijuana or CBD products.
Marijuana v/s Hemp-based THC oils
THC products if made from hemp are said to be legal for all Americans and Australians to purchase, however, CBD extracts made from medical cannabis are not considered legal.
Before jumping onto the legal issues, what is the difference between the marijuana and hemp-based THC oils?
Hemp and marijuana fit into the same plant but different cultivators. Both belong to the Cannabis Sativa plant; the only distinguishing factor is in the THC content,i.e., less than 0.3% for hemp and more than 0.3% THC for marijuana.
So, Hemp is considered legal due to the low content of THC and serves as a natural source of CBD.
Is the transportation of CBD products legal?
According to different media reports, it states that patients or family members also obtain medical marijuana and CBD products in another state or brought the products back to their home residence.
Transporting Cannabis products across the States is not considered lawful under the state laws, however, if the patient is participating in the clinical trial or has a letter of participation then it is deemed to be legal.
Even under such circumstances, the Controlled Substances Act does not allow the patients to bring or take the cannabinoid preparations in or out of the United States also if you are using it for medical purposes.
Many patients still purchase the CBD or THC products through the websites and order their products online without significant enforcement against the vendors or the patients.
What is the legal status of CBD?
Cannabidiol is considered in Schedule 1 and is not listed separately in the list of Code of Federal Regulations. According to the definition, it is recognized as the component or derivative of marijuana.
It is also true for other cannabinoids present in the cannabis plant. THC, on the other hand, is mentioned separately in the Schedule 1 list. According to DEA Office of Public Affairs, CBD is a Schedule 1 substance.
What is the legal status of Hemp?
Hemp is gaining interest from the cultivators due to the increased interest in CBD use. Hemp is grown for the fiber and seeds; which are low in CBD content. Specific hemp varieties are cultivated in Canada and Europe.
However, they must contain less than 0.2% of THC in Europe and 0.3% in Canada, as measured when the flowering portion of the hemp plant is dried. The flowers of the hemp plant are rich in CBD content.
The CSA does not provide the exact definition of the hemp plant instead they exempt certain parts of the Cannabis plant such as the fiber, stalk and the sterilized seeds according to the definition of marijuana.
However, if CBD content is extracted from either part of the hemp plant which might include the exempted components, it is still considered as marijuana and classified under Schedule 1 drug.
The whole crop of Hemp along with the roots within the ground is regarded as Marijuana under the CSA.
Hemp used as a source of CBD products
Hemp plant comprises of high amounts of CBD and low levels of THC due to which they are termed as CBD-rich.
Cannabidiol expression in the hemp plant approaches to 10:1 ratio of CBD: THC which is found explicitly in the flowering buds of hemp plant rather than the fiber, stalk or sterilized seeds.
Traditional hemp does not serve as an efficient source of CBD because it needs more acres for hemp to be adequately cultivated and produce significant quantities of CBD, for which you need to monitor the quality of soil closely.
Hemp is also termed as the phytoremediator or bio-accumulator. The hemp plant absorbs chemical wastes and heavy metals from the ground.
The seeds of the hemp plant are also used for the preparation of salad dressing, margarine, dietary supplements, and cosmetics. However, the rich source of CBD is the flowering portion of the industrial hemp.
FDA’s actions regarding the use of THC oils
According to FDA Act, any item used for cure, diagnosis, treatment, prevention or mitigation of disease is considered a drug.
The FDA regulates the intended use of products by reviewing sources such as promotional statements or advertisements including social media, websites or others. FDA-approved labeling on the CBD products can only make the medical claims.
However, in February 2015 and 2016, FDA distributed the warning letter to the online CBD vendors who sold the CBD products which were misbranded or termed as dietary supplements and nutraceuticals.
Some vendors showed the CBD oils which had either little or no CBD at all while others had very high levels of THC.
What should you consider while buying the THC oil?
You need to determine a few factors about the CBD vendors before buying the THC oil legally in the US:
- Company Track Record- fined a company that has some longevity and a proven track record regarding the buying and selling of THC products.
- 3rd Party Product Testing- search for the THC oil which has been tested for the quality and safety of the 3rd party product testing facility.
- Clear Labelling- easily understandable labeling is the vital part you need to consider while buying the THC oils.
- Legal Hemp Source- according to 204, Farm Bill of United States, the hemp cultivation is considered permitted for research purposes rather than commercial use. It is better to find the companies which do not violate such laws.
- Responsible Customer Service- United States has categorized THC oils as dietary supplements so the vendors should follow the laws and avoid claiming medical benefits regarding their products.
Types of THC oil products available in the US
Following THC oil products are available in theUS by different online vendors, dispensaries, health food stores, and others:
- Pure THC Oils
- THC Liquids and Tinctures
- THC Capsules
- THC Vaporizer Oils
- THC Isolate
- THC Topical
How can you legally buy THC oil in the US?
If you stay in the US, you need to keep this thing clear in mind that cannabidiol or THC oil is derived from industrial hemp will be considered legal and can be consumed or purchased safely.
However, if Cannabidiol is obtained from medical marijuana, then you need to buy such stuff in states where it is legal.
For laws regarding the use of THC oil, it is better to approach the custom’s department of your country and find out about the regulations regarding the use of THC oils.
The law offers the use of THC materials which are derived from hemp,i.e., from Cannabis Sativa and must be grown as well as processed outside of United States to legally allow the shipment of THC products anywhere within the country.
Conclusion
While purchasing the THC oil, you need to determine the cannabinoid content,i.e., the CBD and THC levels.
To avoid the adverse effects on your mental health along with the use of the illegal substance, you must not purchase the THC oils which are highly abundant in THC and choose the oils which are CBD-rich.
CBD oils have been in use for treating a wide range of diseases but need professional manufacturing without the use of chemicals.
THC oils are available in the US safely, or you can buy THC oil from the internet through vendors if they are certified to produce the safe and professionally accessible THC oils.