Complying with federal and state law is important for companies who manufacture and sell CBD products. There have been some recent updates surrounding the legality of hemp and hemp derived products.
Prior to December 2018, domestically cultivated hemp was only federally lawful when cultivated under a state-sanctioned pilot program, but on December 20, 2018, The 2018 Farm Bill, became law. With the passage of this new law,hemp was formally and definitively removed from the federal list of controlled substances thus legalizing hemp at the federal level and classifying it as an agricultural commodity.
As a result, CBD from hemp is legal nationwide. The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States. Accordingly, the Drug Enforcement Administration (DEA) no longer has any claim to interfere with the interstate commerce of hemp products, as long as the THC level is at or below 0.3%.
However, the U.S.Food and Drug Administration (FDA) still retains its authority to regulate ingestible and topical products, including those that contain hemp and hemp extracts such as CBD.The FDA’s position is unclear and continuing to evolve at this moment and developments will be continually monitored.
*The legal landscape around CBD is unclear and changing rapidly both at the Federal and State level. The information on our website and any other communication regarding legality is for informational purposes only and not for the purpose of providing legal advice.*