The Food and Drug Administration (FDA) has approved a CBD pharmaceutical for seizure treatment and classified it as a schedule 5 drug (which is the classification for drugs with the lowest chance of dependency and abuse). However, many new potential CBD users worry about the legality of CBD products in the state where they live. While hemp contains nearly non-existent trace levels of tetrahydrocannabinol (which is what is commonly known simply as THC), generally up to 0.3% of hemp is THC. Marijuana plants, of course, contains much higher levels (up to 30% THC). However, as of 2018, new federal legislation has removed industrial hemp from its previous Schedule 1 Drug status, and it is now classified as an “agricultural commodity.”

The Hemp Farming Act, which was passed later in 2018, used very clear and strong language in order to clear up any doubt about the legality of hemp-derived CBD and what was acceptable for the consumer market. This Federal bill defined hemp as “all sections of the Cannabis Sativa plant that have equal to or less than 0.3% THC by overall dry weight. This includes hemp derivatives, extracts, and — explicitly — cannabinoids and phytocannabinoids.

In short, all CBD products that you can purchase from a reputable retailer have been laboratory tested (often by a third-party laboratory) to ensure that the CBD product that is used in a particular product contains no more than 0.3% THC by volume. Many manufacturers even have products available that have virtually no detectable trace evidence of THC. Regardless, any product that has 0.3% or less of THC by total volume will not contain enough THC to produce any mind-altering or perception-altering effects that are commonly attributed to THC use, making it not only legal but also safe for regular daily use without needing to worry about potential adverse reactions.

However, there is the possibility of buying a CBD product with a higher THC content in some states (of which have recreational use of marijuana approved and have approved medical use of marijuana), which can obviously have a different effect on you than you might have anticipated, so if marijuana is legal for recreational use in your state (11 states in addition to Washington D.C.), or you have been approved by your state’s government for THC use for one — or more — approved medical uses (33 states in total in addition to Washington D.C.), always be aware of what you are buying from a dispensary or getting prescribed from your doctor. Knowing the THC content of the product that you are using if it is THC-rich will allow you to be better informed of how much and how often you should take it, and whether you should limit yourself from certain activities for a period of time following taking it, such as driving or operating heavy machinery.

See more of the CBD Buyer’s Guide

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