CBD oil can be produced from either marijuana plant or industrial hemp. Although both marijuana and hemp products contain CBD, CBD extracts from each of these plants can be entirely different. You may be wondering how they are different. In short, marijuana extracts are low in CBD and rich in THC, the compound responsible for inducing the “high” associated with marijuana. Hemp, on the other hand, is rich in CBD content but contains virtually no THC.
For decades, laws had grouped hemp and marijuana in the same category, conflating both plants and confusing the public. All of this changed in 2018 with the passing of the Agriculture Improvement Act. Also known as the 2018 Farm Bill, the new legislation removed hemp products from the federal definition of medical marijuana and reclassified it as an industrial commodity. In other words, the bill made hemp legal at the federal level and established it is to be regulated by The Department of Agriculture rather than the Drug Enforcement Agency. As a result of the bill, hemp and hemp-derived products are completely legal nationwide, though individual states may still impose minor restrictions.
Even though CBD federal law now allows for cannabidiol to be used nationwide, it is critical that when purchasing CBD products that you buy products from reputable sources such as American Hemp Oil. Why? Because all our CBD products are made with extracts from industrial hemp derived CBD, ensuring American Hemp Oil products comply with all legal regulations.
Hopefully, if someone now asks you “Is CBD legal or not?” you’ll be able to identify the difference on your own.
In 2018, The FDA approved the first CBD-based medication after years of research suggesting that CBD is beneficial to treat two rare and severe forms of childhood epilepsy. The FDA Commissioner Scott Gottlieb has said the approval was “a reminder that advancing sound development programs that properly evaluate active ingredients contained in marijuana can lead to important medical therapies.” He noted that the action was “not an approval of medical marijuana or all of its components” but rather of one specific CBD medication for a particular use. In April, an advisory committee unanimously recommended approval of the drug for the two types of epilepsy. FDA CBD rules approving hemp as medicine have helped spread awareness about CBD and acceptance regarding its use.
The U.S. Food and Drug Administration (FDA) ran tests on multiple CBD companies’ products in 2015 and 2016 and found that the CBD content was over exaggerated or not at all present. The FDA does not regulate CBD, so keep this in mind. They just tested the products as a one-time experiment. Sometimes, industrial-grade hemp is imported from Europe or Canada, but this is not often potent. Other companies genetically engineer strains.
According to a DEA directive issued in 2018, “Products and materials that are made from the cannabis sativa plant and which fall outside the CSA definition of marijuana… are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA.”
Cannabis oil and CBD have similarities but some important differences for users. Both are cannabinoids that can be found in all cannabis plants including hemp and marijuana. Cannabinoids are the substances secreted by the flowers of the cannabis plant and contain natural medicinal properties.
CBD is usually extracted from hemp, not marijuana. Only Congress is allowed to add a substance to the controlled substances list. For these reasons, hemp growers are not happy with the DEA’s statement. The DEA holds that cannabinoids, in general, have always been considered a controlled substance.
While the DEA cannot add or remove substances from the list, it appears that the organization may have been correct in their statement that CBD is already illegal. Congress has been attempting to pass legislation to remove CBD from the controlled substances list. This wouldn’t be necessary if it was not considered a controlled substance. Source
The Farm Bill, passed in 2014, made the production of hemp legal under approved pilot agricultural programs. This was intended for research purposes. Hemp contains less than 0.3% THC. Though hemp technically contains THC, the THC is not psychoactive in such a small amount and usually below .3%.
While hemp fiber and seeds are mentioned in this bill, CBD is not specifically mentioned. If CBD can be derived from hemp fiber and seeds, then CBD is legal. But whether or not this is possible remains up for debate.
President Trump signed the Agriculture Improvement Act of 2018 (2018 Farm Bill) into law on December 20, 2018. Among the 2018 Farm Bill’s broad provisions, it legalizes the cultivation and sale of hemp at the federal level, effective January 1, 2019. This will have important ramifications not only for the hemp industry in the United States, but also for business involving cannabidiol (CBD).
Despite the fact that neither hemp nor hemp-derived CBD contain significant amounts of THC, hemp was categorized as a Schedule I substance under the Controlled Substances Act, It was generally illegal at the federal level to cultivate, possess or distribute the hemp plant or CBD derived from the hemp plant, although certain inert portions of the Cannabis sativa L. plant (hemp or marijuana), such as the stalks or non-germinating seeds, could be bought or sold.
When it comes to buying CBD oil, you must be exceedingly cautious because there is a tremendous amount of misinformation and outright deceit within the industry. Many online resources may try to mislead you for profit or other disingenuous reasons. For instance, some Cannabidiol oil companies advertise that their products contain a specific concentration of CBD (displayed in either percentages or milligrams (mg). However, independent research has shown that many of these sellers that sell CBD, their products do not live up to their claims as their products contain far less CBD than they state in print. The FDA issued warning letters to specific companies in 2016 because their products were found to contain far less CBD than advertised.
So, why are companies allowed to lie and mislead users trying to purchase CBD products? This a result of the industry lacking formal regulation. This is very controversial because it opens the doors for big pharmaceutical companies and lobbyists to get away with practices that may prevent CBD from becoming easily accessible to those who need it. Hopefully, legislation like the 2018 Farm Bill will help establish competitive practices in the industry that will benefit the consumer in the long run.
Manufacturing CBD oil with zero THC is a complex and costly process. Remember that we answered the question before with the disclaimer that it must contain less than 0.3% THC to comply with federal law. However, many companies take shortcuts and cut corners during the production process to save costs, ending up with CBD that contains significant THC – even if they claim otherwise.
At American Hemp Oil, we stringently test all of our products, both in-house and through a third-party laboratory, ensuring that our CBD oils are of the highest quality, the purest concentration and, most importantly, entirely legal. Every bottle that leaves our facility is tested twice, earning a laboratory certificate that ensures the purity of the CBD product and labels it with the correct amount of CBD and THC.
If you are looking to buy CBD oil, make sure to research multiple products before selecting one from American Hemp Oil. While a certain amount of trust must come from the manufacturer, you can still be diligent about reading the labels and studying our company.
- Where is the company from?
A: We are from Delray Beach Florida.
- How long has the company been producing and selling CBD oil?
A: We have been selling since 2017.
- Do they have any certifications or other form of verification?
A: Yes, we have 3rd-party lab test right here on our site.
- What part of the plant do they claim to extract the CBD from?
A: We extract from the stalk, stems and seeds.
- What other ingredients may be present?
A: MCT Oil and specific blend of Hemp Terpenes.
It is important to research information about your CBD oil and make an educated choice on which product you should take. You can also ask people who currently use CBD oil for their opinion on which product works best and read all of their reviews on our website.
You can purchase a variety of the best CBD products right here through the American Hemp Oil website or by phone. Buying our CBD is perfectly legal without a prescription. American Hemp Oil products will be delivered right to your front door.