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Is CBD Legal? The Updated Status of CBD in 2019

(CBD American Shaman)

Due to its ability to treat a number of health conditions, the demand for CBD or Cannabidiol has gone up at a very fast rate. As its popularity continues to grow, so has its acceptance in many countries and states. More countries across the globe are continually legalizing the use of marijuana for both medical and recreational use with Canada and South Africa being the latest countries to legalize its use.

Although this is a great win for the cannabis industry, it is crucial to note that the legality of Cannabidiol is still not clear as there exist different laws regulating its use in different countries and states. Because of this confusion, most people are discouraged from using this product as they are stuck wondering whether cannabidiol is legal or not.

What is CBD?

Also known as Cannabidiol, CBD is one of the over 100 cannabinoids found in the cannabis plant. Unlike other popular cannabinoids, CBD is not psychoactive and is known to treat a number of health conditions including but not limited to cancer, pain relief, anxiety and depression, acne, heart problems, and muscle spasms.

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Is CBD Legal?

Unfortunately, this is not a clear-cut question because although CBD is legal in most countries and all the US states, there are times or situations where it is not legal. This is because the issue of legality is usually dependent on a number of factors determined by the specific country or state.

However, there is one very crucial determinant that cuts across all countries and states; has the CBD been derived from marijuana or hemp?

Hemp and Marijuana-derived CBD

Although most people don’t know this, the source of CBD plays a very significant role when it comes to its legality. Hemp and Marijuana come from the same Cannabis family, and this means that they have a lot in common in terms of features and similarities.

However, there exists a very significant difference between them- the amount of THC or Tetrahydrocannabinol present in the two plants. As you probably already know, the cannabis plant contains more than 100 chemical compounds. CBD and THC are some of the major chemical compounds found in the plant. While CBD is not psycho-active, THC is and is responsible for the mind-altering effect associated with the cannabis plant.

When it comes to marijuana, it can contain up to 25% of THC. On the other hand, when grown in the right conditions and environment, the hemp plant contains less than 0.3% tetrahydrocannabinol. What this means is that while hemp is not psycho-active, marijuana can get users high.

Since the hemp plant has no mind-altering effect, it is entirely legal in most states and countries across the globe. For this reason, hemp-derived CBD is completely legal and can easily be found in most drug stores in America and other countries which have embraced its use.

The Legality of Hemp-Based CBD

As already mentioned, hemp is not psychoactive, and this makes Hemp-derived CBD legal in all the US states However, most people still don’t understand the difference between the hemp and marijuana plant. For this reason, there is still some level of stigma towards the hemp-based CBD. However, from a legal point of thinking, hemp CBD is legal in all the 50 US states.

The Legality of Marijuana-Based CBD

Marijuana-based CBD is not treated the same as hemp-derived CBD since the marijuana plant contains high contents of THC.

However, although marijuana-based CBD is illegal in some states and countries, there are some places that have legalized its use and possession. The fact that some states and countries have legalized the use of marijuana-derived CBD could be an indication that in the long run, this product could be legalized in all the other states.

The Legality of CBD in the USA In 2019

As of 2019, 10 US states have fully legalized the medical and recreational use of cannabis. If you are lucky to live in any of these states, then you can use both hemp and marijuana-derived CBD. These states are; Alaska, Colorado, California, Massachusetts, Maine, Oregon, Nevada, Washington, Michigan, and Vermont.

States Where Cannabis and Cannabis-derived products are Restricted

Although cannabis products are becoming more and more acceptable in most states and countries, there are still some states which restrict cannabis products. As of 2019, these states are South Dakota, Nebraska, and Idaho.

However, with the wave of CBD legalization hitting across the globe, it is expected that hemp will become more available in these states in the near future. Living in any of the above states? It is essential to understand the kind of CBD extract you are consuming and how/where it has been derived.

If you are living in any of the other 37 states, then you can enjoy hemp-derived CBD as it has been made completely legal after the passing of 2018 Farm Bill. It is, however, important to note that, specific laws at state levels still apply.

So is CBD Legal?

As already mentioned, hemp-derived CBD is legal in all the 50 US states. However, it is a bit different when it comes to CBD products derived from marijuana, as different regulating laws exist at the state level. It is therefore crucial that you learn the prevailing laws in your locality to avoid trouble with the authorities.

What Are The Side Effects of CBD?

Although CBD is not known to have any serious side effects, it may cause some serious reactions in some people. For this reason, it is important that you consult your doctor before turning to medical marijuana as he will be able to guide you on the right dosage and appropriate delivery method.

Here are some of the common side effects of CBD;

  •         Changes in appetite
  •         Fatigue
  •         Diarrhea
  •         Anxiety
  •         Dizziness
  •         Dry Mouth
  •         Nausea
  •         Change in Mood

CBD can also interact with various medications to bring about some severe side effects. This is another reason why you must consult your doctor before using CBD to avoid harmful interactions.


Author bio:

Vicky is a Food & Lifestyle Blogger at AvocadoPesto.com, where she specializes in healthy living and healthy cooking. She is also a world traveler and has visited over 60 countries.