In December 2018, the 2018 Farm Bill was signed into law. This bill allows states to submit plans to grow and process hemp (defined as containing less than 0.3% THC) and hemp-derived products.
The bill also allows for interstate commerce of hemp and hemp-derived products, contains directives for research on hemp and hemp cultivation, and effectively removes hemp from the Controlled Substances Act. This means hemp derivatives (including CBD) are now excluded from the Drug Enforcement Administration’s Schedule I controlled substance designation.
While CBD is no longer classified as a Schedule I substance by the federal government, it’s important to research your state’s specific laws surrounding hemp and CBD.
CBD is extracted from hemp plants that contain less than 0.3 percent TCH (the psychoactive property that causes a high) which means it is non-intoxicating. While CBD products may relax you, they will not alter your state of mind. CBD has no known toxicity and so an overdose would be highly unlikely. Since drug tests are looking for certain cannabinoids and levels of THC, it is also highly unlikely that using CBD products would cause someone to fail a drug screening. To ensure the safe and effective use of CBD products, it is important to only purchase products from a trusted source and to start with a low dosage to see how your body responds.
A state by state analysis by our legal and compliance teams
Due to the recent and pending legislative changes in various states, many of the below risk categorizations will probably continue to change in the coming weeks and months. Additionally, we will likely continue to see some tension between state law and state agencies deferring to FDA’s position on CBD being added to foods until FDA provides some kind of clarification (e.g., issues a regulation, provides a clarifying statement, etc.). For example, although Massachusetts has passed legislation establishing a hemp program, just a few weeks ago, the MA Department of Public Health issued an FAQ outlining the prohibition of the sale of any food in the state with CBD from hemp (essentially deferring to FDA for guidance).