Is CBD Oil Legal?

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With cannabidiol becoming more and more popular, people all over the country are wondering if they can participate in this medicinal alternative without breaking the law. Cannabis is still illegal, even medicinally, in some states in America. But does that mean that CBD is illegal?

The answer isn’t as straightforward as you would hope. In order to know if your product is legal in your state, you have to know where the CBD comes from. But it all comes from cannabis you might think. Which yes, this is true. However, there is a difference between getting a product made from hemp and a product from a marijuana plant.

Marijuana-Derived CBD 

If you get a CBD product derived from marijuana, most likely there will be detectable amounts of THC in it. This is what sets the two different cannabis plants apart. Even if the ratio is incredibly low, this still doesn’t follow the guidelines required for the product to be legal. If your state is against cannabis, purchasing this product is illegal. The DEA won't bust down your door, but you will be breaking the law.

Hemp-Derived CBD

If the CBD oil you purchased, like all of the products in our shop at CBD Instead, is hemp derived, your CBD oil is legal. Hemp-derived CBD has less than .03% THC which is what the limit is for the hemp product to follow legal guidelines. Even if your product is 99% CBD, if it comes from the marijuana plant, it isn’t legal unless you live in a medical or recreational state.

So if you are worried about taking your hemp derived CBD oil on a trip or worried about it getting picked up in the mail, you can put your mind at ease. Because our products are all derived from hemp, you can find health and wellness without breaking the law.

Sarah Potts

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