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Is CBD Oil Illegal?

While marijuana is still illegal in most states for recreational use, it is being used for medical purposes throughout half the country. Because of this, you might be wondering if cannabidiol, or CBD, oil is legal for use. It has many proven medical benefits in terms of treating seizures and anxiety, plus its levels of tetrahydrocannabinol, or THC, can range from non-existent to moderate. The answer isn’t straightforward yet because CBD oil is legal in some states, illegal in others and some are indifferent to its use.

Hemp CBD Oil
The very first thing to consider with the legality of CBD oil is what plant it was made from. Both hemp and marijuana can be used to create this oil. The amount of THC ranges dramatically based on which plant is used, which can potentially change the legal status of CBD oil.

Marijuana has about 30 percent THC while hemp only has 0.3 percent THC. In most states, CBD oil made from hemp is legal to some extent. There might be laws regulating its use, such as requiring a prescription, while others allow you to purchase it without a prescription. Some states, such as Idaho and Nebraska, have unclear laws on the matter.

In general, you probably won’t have to face legal issues if you have hemp-based CBD oil, but it’s best to check your state’s specific laws first. Another thing to keep in mind is that the Drug Enforcement Agency, or DEA, will very rarely target individuals because it’s a huge drain on federal resources. It cannot be guaranteed that you won’t be targeted if hemp-based CBD oil is illegal in your state, but it’s incredibly unlikely that you’ll be charged.

Marijuana-Based CBD Oil
Hemp-based CBD oil is largely legal throughout the country, but things are very different when it comes to marijuana-based oil. The reason for the legal status of this plant is the amount of THC. Since hemp doesn’t have enough THC to affect you, it’s legal in almost all cases. Marijuana has a significant amount of THC and this is why it’s been so difficult to make the plant legal.

This large THC amount is carried over into the CBD oil. While there are no official estimates yet, most of the THC in the plant will still be available when turned into an oil. This means that marijuana-based CBD oil is just as psychoactive as the plant itself.

Due to this, recreational use of this product is limited to only a few states like Arkansas, Colorado and Massachusetts. It’s illegal throughout most of the country. Medical use is permitted in many states like Maryland, New Jersey and Georgia, but typically there are conditions such as having a prescription.

Unlike hemp-based CBD oil, which is largely legal, you will want to be very careful with marijuana-based CBD oil.

Potential Penalities
If CBD oil is illegal in your state and you are charged with possession, then you’ll find that the penalties are basically the same as possessing marijuana. The first offense carries a $1,000 penalty and a year in jail. This is the most common first offense penalty in most states, but your specific state might have different laws.

The laws are very murky in regards to CBD oil with some departments saying it’s legal and others saying it’s illegal. You’ll want to be careful when buying this product, especially if you are buying marijuana-based CBD oil. Be sure to check your state’s specific laws on the matter before risking a financial penalty and jail time.

Conclusion
CBD oil is currently in a very murky legal state. It’s legal in some states, especially if it’s made from hemp, but it can be illegal or restricted if made from marijuana. Not only that, but it seems like there is a lot of disagreement from different agencies as to whether or not CBD oil is actually legal. Be sure to check your state’s specific laws before buying any just to keep yourself safe.

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