Have Questions About Legality?

CBD

CBD (cannabidiol) is not considered a controlled substance under the Controlled Substances Act (CSA) in the United States, provided it is derived from hemp containing no more than 0.3% THC (tetrahydrocannabinol) on a dry weight basis. This change came about with the passage of the 2018 Farm Bill, which removed hemp from the CSA and legalized its cultivation, production, and sale under certain regulations.

It is important to note that CBD derived from marijuana plants (those containing more than 0.3% THC) is still considered a controlled substance under federal law, as marijuana remains a Schedule I drug under the CSA.

Laws and regulations surrounding CBD can vary by state and country, so it is essential to familiarize yourself with local regulations before using, producing, or selling CBD products. Additionally, the FDA maintains regulatory authority over CBD products and has not yet approved CBD as a dietary supplement or food additive, which impacts the marketing and labeling of CBD products.

Delta-8 THC

As of 2021, delta-8 THC exists in a legal gray area in the United States. Delta-8 THC is a naturally occurring cannabinoid found in cannabis plants, albeit in much smaller concentrations than delta-9 THC, which is the primary psychoactive compound in marijuana.

The 2018 Farm Bill legalized hemp and its derivatives, including cannabinoids, as long as the dry weight of the plant contains no more than 0.3% delta-9 THC. Since delta-8 THC can be derived from hemp, some argue that it should also be considered legal under the Farm Bill. However, the Drug Enforcement Administration (DEA) has issued a rule that suggests all synthetically derived tetrahydrocannabinols, including delta-8 THC, are Schedule I controlled substances, regardless of the source.

The legal status of delta-8 THC varies by state, with some states explicitly banning the sale and distribution of delta-8 THC products, while others allow it under their hemp and cannabis regulations. It is essential to stay informed about the current legal status of delta-8 THC in the jurisdictions where you plan to sell or market products containing the compound, as the regulatory landscape can change rapidly. Consult with legal counsel to ensure compliance with all applicable laws and regulations.