Is CBD oil legal federally? In the recent case between the Drug Enforcement Administration and the Hemp Industries Association, it was decided that CBD is a Schedule I substance with “no accepted medical use” because it is an extract from the marijuana plant. You can read Herb’s full coverage of the case here.
However, this ruling does not apply to hemp-derived CBD products because the ruling also upheld the 2014 Farm Bill. What the Farm Bill did was allow states to start programs for hemp farming, which led to an increased production of hemp for CBD. These hemp-derived CBD products, which by law must contain 0.3% THC or less, are marketed as being available in all 50 states because of the Farm Bill. However, the Farm Bill did not legalize CBD or even mention it all.
You’re probably still asking yourself, sure, but is CBD oil legal? The truth is, it depends on the source. If the CBD product was derived from hemp, then it is not in the jurisdiction of the DEA. However, if the CBD oil was sourced from a marijuana plant, then it is federally illegal, according to the Controlled Substances Act. But, remember, the same is true of cannabis itself if you go to a “legal” dispensary in Colorado, California, or Oregon; cannabis is legal for adults in that state, but federally, it’s still a Schedule I substance.