Under federal law, cannabis (from which both CBD and marijuana are derived) is illegal everywhere, although the laws against it aren’t generally enforced in states that have legalized marijuana. Some manufacturers claim that CBD culled from legally imported industrial hemp, which has little to no THC, is fine to ship across the U.S., but many experts disagree, noting that because hemp comes from the same species as marijuana, cannabis sativa, all CBD falls under the DEA’s Schedule 1 designation. “This creative interpretation of the law runs afoul of reality,” says the Brookings Institution, a Washington, DC, think tank.
Since it started becoming popular roughly two years or so ago, the general consensus has always been that since CBD oil from top brands does not contain the psychoactive properties of THC, it is therefore legal. Unfortunately, its legality is much more nuanced because of conflicting federal laws and new court cases. What is clear is that in one of the most recent court decisions on the topic, Hemp Industries Assoc. v. DEA, which came out on April 30, 2018, the US Court of Appeals for the Ninth Circuit found that Section 7606 of the 2014 US Farm Bill (the “Farm Bill”) preempts the Controlled Substances Act (CSA), the federal law which designates marijuana as a Schedule I substance (along with heroin and cocaine) making it illegal to possess or use. This means that when there is conflict between the CSA and the Farm Bill, the Farm Bill wins out.
Hemp is used to make a variety of commercial and industrial products including rope, textiles, clothing, shoes, food, paper, bioplastics, insulation, and biofuel. The bast fibers can be used to make textiles that are 100% hemp, but they are commonly blended with other fibers, such as flax, cotton or silk, as well as virgin and recycled polyester, to make woven fabrics for apparel and furnishings. The inner two fibers of the plant are more woody and typically have industrial applications, such as mulch, animal bedding and litter. When oxidized (often erroneously referred to as "drying"), hemp oil from the seeds becomes solid and can be used in the manufacture of oil-based paints, in creams as a moisturizing agent, for cooking, and in plastics. Hemp seeds have been used in bird feed mix as well. A survey in 2003 showed that more than 95% of hemp seed sold in the European Union was used in animal and bird feed.
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This is good news for the best CBD oil companies because the Farm Bill allows for the legal cultivation of industrial hemp, under certain circumstances, which can be a source of CBD. But CBD can also come from non-industrial hemp, namely the marijuana plant that most are more familiar with. Therefore, whether or not CBD oil for pain is legal can be a question of which “version” of the cannabis plant it was sourced from. If it was sourced from industrial hemp, (which contains less than 0.3% THC by volume), and it was cultivated under the Farm Bill, then it is legal.
In recent months, both cities and states have moved to control how CBD is sold. Maine and New York City have moved to crack down on edible products containing CBD. New York’s health department confirmed to the New York Times that it has started ordering restaurants to stop selling CBD-laced food because it has not been “deemed safe as a food additive.”
“This is my first cbd oil I tried. Within a few minutes, I can feel my body started relax. It felt like every single cell of my body relaxed before my mind. I got this for anxiety, and relaxation of mind came later. I don’t recommend taking it before driving because it made me so sleepy. I can now sleep through the night without waking up. I didn’t realize how tense my body was until I started taking this. I am calm and don’t feel much anxiety any more. I love it!“
Moreover, a patient survey conducted by Project CBD, declared that “…cannabis appears to be an effective pain management tool with few negative side effects.” The study went on to say that a “…significant decrease in opiate usage among elderly patients while taking medical cannabis [was observed during trial].” In short, it has been portrayed clearly numerous times through valid and well-publicized clinical studies that cannabis is a practical option in terms of efficient pain management.
Francesca Fusco, MD, a dermatologist based in New York City, recently told Health that CBD oil is a rich source of fatty acids and other skin-healthy nutrients, and that it may improve hydration and minimize moisture loss. A few studies have also suggested that CBD oil may inhibit the growth of acne, although this hypothesis has only been tested in laboratory cell cultures—not in actual humans.