The Legal Status of Hemp CBD in the US

CBD derived from marijuana is illegal in only three states in the US: Idaho, Nebraska and South Dakota. In the other 47 states, citizens can legally access the supplement in stores, but they may have difficulty finding it in some of the strictest states that require medical cards. Until an unrestricted definition of hemp is exempt from a state's CSA, hemp is still considered marijuana in that state. The new law also specifically mandated the United States Food and Drug Administration (FDA) to regulate foods and drugs derived from hemp.

This means that, although many states have legalized its use, the federal government still considers marijuana and CBD products derived from marijuana illegal in almost any form. The FDA can officially prosecute any company that sells or markets items that make health claims about CBD, especially if those products involve the interstate trade in cannabis extract. In some select states, you can still be arrested and imprisoned for carrying a bottle of CBD oil with you. The FDA would continue to have authority over hemp products used as food.

Because of the way cannabis plants grow and reproduce naturally, many CBD products sold in stores contain the same drug that makes marijuana federally illegal, THC or tetrahydrous cannabinol. Cannabis has been cultivated by humans for at least 12,000 years and research shows that CBD can increase the body's own manufacturing endocannabinoids. Scientists are also looking for a “hidden brain receptor” for cannabis extract. To cultivate a group composed exclusively of women, “a part of a plant is cut off and placed on the ground with a little rooting hormone”.

CBD products are often marketed as anti-inflammatory and pain relievers that can also help with insomnia and anxiety. The federal government recently passed a bill that differentiated two forms of the cannabis plant, hemp and marijuana, arguing that the hemp variety cannot produce the psychoactive effect inherent to marijuana. Thanks to the “miracle of reproduction”, a hemp crop can start producing only CBD and then, without realizing it, become a marijuana field loaded with THC.

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