CBD Isn’t Federally Legal… or Is It?
The beneficial cannabis compound CBD’s current legal status is confusing, is it federally legal or is it illegal?
As you know, cannabis contains many dozens of compounds called “cannabinoids.” The two most prominent cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). Each has a different effect on the human body: THC gets you high; CBD, not so much. Still, CBD products are great, and you can find them even in prohibition states, sold for medical and recreational use.
CBD vendors argue that products without THC are legal under federal law. The argument goes like this: “Marihuana” and THC are both listed as Schedule I substances in the Controlled Substances Act (CSA) (“high potential for abuse; no currently accepted medical use”); however, the CSA excludes “mature stalks” from its definition of the cannabis plant. Therefore, CBD products sourced from mature stalks and devoid of THC are not barred by the CSA. Follow?
From there, it gets trickier still. For purveyors of CBD products, the legal loophole allowing for CBD products may have been closed.