Is Hemp still illegal? Then why is CBD Available?

The legality (or lack thereof) is something I’ve been researching since beginning to try CBD oil for health. Why can you buy it online some places and not others? We’ve established the difference between Marijuana, Hemp, and CBD with and without THC so what’s going on with the differences in legal status? Well, to find out, I had to go back a bit…

History of Hemp

Hemp popularity started to decline around the 1930’s. Hemp was grouped with marijuana in the Marijuana Tax Act of 1937. Under this act, hemp sales were heavily taxed. Hemp businesses during this time started to go out of business.

Flash forward thirty-three years to 1970, a new act was passed through congress called the Controlled Substances Act of 1970. This act grouped hemp and marijuana in the Schedule 1 drug category. This was the final nail in the coffin of the industrial hemp industry for a while because Schedule 1 drugs are drugs that have been said to have no currently accepted medical use and a high potential for abuse.

Now on to 2014, businesses are allowed to import hemp but still not allowed to grow it. The Agricultural Act of 2014 Section Legitimacy of Industrial Hemp Research now authorizes institutions of higher education or state departments of agriculture in states that allow may start cultivating hemp to do legitimate research. Although some states have passed laws stating that research into hemp by certain entities with a permit was acceptable, the people doing the research were still at risk from raids by the DEA (Drug Enforcement Administration). They could be imprisoned, and/or have their property taken away, because it still has the connection to marijuana plant family.

In December 2018 President Trump signed a new Farm Bill that states hemp is now separated from the legal definition of marijuana. Non-Psychoactive CBD can be derived from hemp, so it is now legal to manufacture, distribute, and sell hemp-based CBD.

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CBD (Cannabidiol)

CBD is a byproduct of hemp. It is sourced from hemp by utilizing carbon dioxide which causes it to be free from harmful solvents and contain the purest CBD. CBD oil consists of terpenes, flavonoids, cannabinoids, and other beneficial phytonutrients. This form of oil is usually used to help with medical issues such as, stress, anxiety, pain, sleep problems, and inflammatory problems. CBD contains little to no THC but because it can contain THC (tetrahydrocannabinol), online retail sites like Amazon will not allow the selling of CBD on their websites. Hemp oil does not contain THC so it is legally sold on amazon.

CBD oil is said to be more effective at fighting inflammation, so that is what I chose to try over Hemp Oil — and again, CBD oil is now perfectly legal to own and use; some companies are just being extremely careful in allowing the sale of it just now. The CBD oil I am using, Hempworx, can be bought online, but only through the company’s website.

Sources:
https://zatural.com/blogs/blog/hemp-oil-vs-cbd-oil-vs-cannabis-oil
https://abc3340.com/news/abc-3340-news-iteam/confusion-over-cbd-oil-and-whats-legal-when-purchasing-in-stores-or-online
https://ministryofhemp.com/hemp/legal/
https://ministryofhemp.com/
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using this product.

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