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What is CBD?
Cannabidiol (CBD) is one of the many different compounds, known as cannabinoids, found in the cannabis plant. Cannabinoids are unique because they act on cannabinoid receptors that are part of the endocannabinoid system found throughout the body. The second most abundant compound in cannabis, CBD is not intoxicating and has none of the psychoactive properties of marijuana.
What is Hemp?
Hemp and marijuana are two types of cannabis that are genetically distinct and differ in both cultivation, chemical properties, and use. Hemp is grown and cultivated for fiber and seed to produce a variety of products including foods, oils, rope, and fabrics. Marijuana is cultivated to yield high levels of the psychoactive ingredient THC, concentrated heavily in the flowers and buds. Marijuana is bred to have THC levels that can exceed 20% as opposed to hemp which has less than .3% THC and no psychoactive properties.
Is CBD Legal?
CBD companies are unable to give legal advice on the legality of CBD. This information is a third party interpretation in an effort to encourage consumers to do their research on the legality of CBD. CBD is legal in 44 states. In 28 states where medical marijuana is legal, CBD products are covered by those same medical marijuana legal protections. In recent years, 16 states have passed CBD-only laws, which legalize the possession and use of CBD products for specific conditions – but not cannabis products containing higher levels of THC. Those CBD-only laws often limit the legal possession and use of CBD products to children with epilepsy, and some nerve and muscle afflictions. Even in those states with CBD legal protections, however, the substance is considered federally illegal by the DEA. Only six states—Idaho, South Dakota, Nebraska, Kansas, Indiana, and West Virginia still consider every part of the cannabis plant, including CBD, to be illegal. The Controlled Substance Act does not contain the terms “Cannabidiol,” “Cannabinoids” or “Hemp.” In order for these terms to be included in the CSA and officially become law, it would take an act of Congress, passed by the House and Senate, and signed by the President. Companies who source domestic hemp products, cultivated in full compliance with the Farm Bill, under appropriate licensing from respective state departments of agriculture in Colorado and Kentucky are covered under this legislation. Furthermore, according to the continuing Appropriations Acts of 2016 and 2017, it is the expressed intent of Congress that hemp cultivated in compliance with the Farm Bill be intended for “transportation, processing, and sale.”
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