When you hear that you can vape CBD, you may ask yourself whether or not it’s legal in your state. The legal landscape of the CBD industry is tricky at best. A good rule of thumb is that if CBD is legal in your state, then you’ll most likely be able to purchase pre-filled vape cartridges. However, it can be difficult to understand CBD legality. In this article, we’ll discuss federal and state law with regard to CBD.
You may not know this, but the federal government recognizes two types of Cannabis sativa: hemp and marijuana. While these are often confused among those who aren’t directly in the industry, they are very different plants. Hemp is the least process form of cannabis and contains high levels of CBD and trace levels of THC.
The marijuana plant, however, is almost the exact opposite; it contains high levels of THC and low levels of CBD.
In 2018, the Farm Bill, also known as the Agriculture Improvement Act of 2018, was passed. It legalized CBD that’s derived from hemp, as long as it contains less than .3% THC.
It’s important to note that CBD that comes from the marijuana plant is still illegal under the Controlled Substances Act. The DEA classifies marijuana as a Schedule I drug.
The Farm Bill is a significant part of the industry because it created regulations for farmers. Any cannabinoid, including CBD, derived from hemp is legal as long as it follows certain federal regulations, state regulations, and is grown by a licensed grower. If it is not grown by a licensed grower, that product is considered illegal, even if it is derived from the hemp plant.
While the Farm Bill is a big step into the legalization process, the US Food and Drug Administration (FDA) still does not recognize CBD as a supplement; it is instead an ingredient. However, CBD is an approved prescription drug.
Hemp-derived CBD is federally legal as of 2018, but states can make their own set of laws to criminalize it. Colorado has made it legal to use all parts of the hemp plant as an ingredient, but products that contain trace amounts of THC are illegal in Texas. Because the law differs from state to state, it can be difficult to keep up. The best way to determine whether or not the products you’re interested in are legal in your state is to familiarize yourself with the local cannabis laws.
You can find information on the legality of CBD from organizations like the National Conference of State Legislatures, and the Marijuana Policy Project that provides you with the most updated information regarding the criminal code and agriculture department.
If you’re not quite sure if a certain product is legal in your state, don’t hesitate to reach out to us. All of our products are made from broad-spectrum CBD, which means they contain absolutely zero THC. That means that even if your state has criminalized products with THC, you should still be able to purchase broad-spectrum CBD oil products, including pre-filled vape cartridges.