Is CBD Legal?
Posted on Tuesday, October 06 2015 10:11:00 AM in News by Trevor Hill
CBD (Cannabidiol) Hemp Extract products are legal in the United States, the US territories, as well as many countries around the world.
One of the most common questions asked is, “Is CBD really legal?” The answer is “Yes” and here’s why.
9th Circuit Court of Appeals Ruling (2004)
In the 2004 9th Circuit Court ruling between the Hemp Industries Association (HIA) and the United States Drug Enforcement Administration (DEA), the Court ruled that cannabinoids contained within “industrial” hemp were naturally occurring and outside the regulatory scope of the DEA and the Controlled Substance Act (CSA), even if they contained trace amounts of THC.
The stipulation of importance was that they hemp had to be processed from 1) mature, 2) male and female plants (seed producing), and 3) be processed from the whole plant material.
Commercial Hemp CBD Strains – Under the 2004 Circuit Court Ruling
CBD oil that comes from commercial hemp plants. CBD oils are extracted from the whole plant material. While some of the original materials from overseas may have naturally occurring THC levels slightly above 0.3%, typically the final products are diluted to fall well below the 0.3% THC concentration defined in the Agricultural Act of 2014 to be safe.
The Agriculture Act of 2014, aka, The Farm Bill
The distinction between "industrial hemp" and marijuana was made just a few years ago, for the first time in US history, under the "Legitimacy of Industrial Hemp Research" provision of the 2014 Agricultural Act, otherwise known as the federal farm bill. Therefore, cannabis is considered hemp, as long as no part of the plant exceeded a THC concentration of "more than 0.3 percent on a dry weight basis.”
Based on a 2015 funding bill, hemp extract derived from industrial hemp -- including hemp extract derived from cannabis flowers -- may be transported to, and sold in, any state in the US that does not have laws expressly forbidding it. The Omnibus Appropriations Act of 2016 contains the following provision in section 763:
"None of the funds made available by this act or any other act may be used ... to prohibit the transportation, processing, sale or use of industrial hemp that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated”, and therefore, making interstate commerce of industrial hemp legal.
It is abundantly clear and adjudicated that CBD processed and imported in compliance with the 2004 ruling is legal and acknowledged by the DEA. This is the method that Irie Hemp Company strictly follows to provide CBD products, where the hemp oil is considered to be a dietary supplement by the FDA.
But to be absolutely clear, the IrieCBD oil is naturally occurring and extracted from certified hemp strains grown to exacting organic standards. It is produced from the whole plant of industrial hemp strains. Our products all have significantly less than 0.3% THC by weight. Irie Hemp Company is absolutely committed to compliance with the laws and regulations of the US and international community, while being committed to the advancement and advocacy of industrial hemp farming industry in the U.S.