Since it started becoming popular roughly two years or so ago, the general consensus has always been that since CBD oil from top brands does not contain the psychoactive properties of THC, it is therefore legal. Unfortunately, its legality is much more nuanced because of conflicting federal laws and new court cases. What is clear is that in one of the most recent court decisions on the topic, Hemp Industries Assoc. v. DEA, which came out on April 30, 2018, the US Court of Appeals for the Ninth Circuit found that Section 7606 of the 2014 US Farm Bill (the “Farm Bill”) preempts the Controlled Substances Act (CSA), the federal law which designates marijuana as a Schedule I substance (along with heroin and cocaine) making it illegal to possess or use. This means that when there is conflict between the CSA and the Farm Bill, the Farm Bill wins out.
The longer answer is far more interesting. It is important to first distinguish marijuana from hemp. Scientifically, both marijuana and hemp come from the “cannabis sativa” plant, according to the USDA. Marijuana, though in the same scientific family as hemp, is a much smaller plant. Hemp, the taller and more fibrous version of the sativa plant has a long history in the United States. In fact, George Washington grew hemp on Mount Vernon.
CBD oil alleviates physical pain and anxiety – both of which can have a negative impact on sleep. Additionally, CBD oil can actually prolong sleep for some, leading to more rest from night to night. Most medical experts agree that marijuana is not particularly beneficial for individuals with medical conditions and/or mental health disorders, as the THC can increase their symptoms; this makes CBD oil a good alternative option for people with the following sleep disorders and medical conditions.
Working with farms in Northern Europe, we carefully tested and reviewed 3,000 cultivars to find the one that would thrive and produce the optimal ratio of cannabinoids necessary for our products. The oil sourced from these plants are high in CBD and low in THC, the cannabinoid that gets users high, making our extracted hemp oil products legal to purchase in the U.S.
President Obama’s execution of the Agricultural Act of 2014 is an integral piece to CBD oil’s legality. If a plant is deemed legal (where the determining factor is a THC level under .3%) that then makes all products made from the source material legal as well. Did you ever wonder why your hemp lotion 15-20 years ago was legal but “smoking a little weed” wasn’t? In this case, it’s all about the THC levels your plant doesn’t have.