IS CBD Completely Legal?!

  • Blog
  • 06 August , 2018
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When it comes to the legality of CBD products, things are not as clear as they may seem. It boils down to this: All products made from the stalks and seeds of the hemp plant are legal everywhere and have been for a long time. The passage of the 2014 Farm Bill allowed farmers to start growing high-CBD hemp strains, which are often used to make the CBD products that are so popular today (much like our Hybrid Health CBD tinctures). “The Farm Bill allows states to implement pilot research programs and allows for the cultivation of industrial hemp with less than 0.3 percent THC,” says Daniel Shortt, a Seattle-based attorney who works with companies in the cannabis industry. “Protection isn’t limited to the [stalks and seeds] of the plant with industrial hemp. Now, you have industrial hemp that can be bred for high-CBD strains—and because of this trend, every hemp farmer is going for as much CBD as possible.”

However there are still a ton of discrepancies between government agencies regarding the law, because states are creating their own regulations. For example, even though Washington and California have legalized recreational marijuana, they do not actually allow for the processing of industrial hemp for human consumption. In other words CBD from hemp can’t be added to food, drink, confection, condiment, or chewing gum.  “Until the FDA rules that industrial-hemp-derived CBD oil and CBD products can be used as a food or California and Washington makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement,” the agency said in a statement. Whether or not this will be reinforced is still TBD but according to the language in the California’s and Washington’s Industrial Hemp Program literature, “every preparation” of the plant is legal.” Obviously there is a communication gap somewhere along the line.

There is definitely a ton of confusion in the marketplace, especially for the manufacturers of CBD products (like us)! But we could start seeing some breakthroughs if the Hemp Farming Act of 2018 is passed this year. “It would still allow states to take different approaches, but we’d have a clearer baseline of what’s legal and it would allow for expansion of the already vastly expanding CBD market,” says Shortt. “It’s a really important moment because the government is acknowledging the cannabis plant has medical value.” Until then it’s important to reference your your state’s laws to make sure you are not a criminal where you live! Hopefully soon this discussion will all be a thing of the past and you will be able to find and consume legal CBD everywhere! And we’d really appreciate it if you obtained it from Hybrid Health.




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