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Is CBD Legal?

There is a lot of confusion out there with regards to the legal status of CBD. Rightfully so, as it is such a new industry and regulations are constantly changing.

Let’s breakdown the current legal status of CBD as we know it today – which is subject to change based on both state and federal regulations.

2018 Farm Bill

On December 20, 2018 the Farm Bill was signed into law. This did a number of things: 

1. Removed hemp (containing less than .3% THC) from the DEA list of controlled substances

2. Thus federally removing it from the DEAs control and under regulation of the FDA

3. Created regulations for hemp farmers to ensure that hemp is grown according to Farm Bill and state regulations.

Although at a FEDERAL level hemp is legal in all 50 states, each STATE varies in their own laws regarding the legal status of hemp derived CBD products So technically, hemp is NOT legal in all 50 states as one may assume. Organizations like NORML, and the National Conference of State Legislatures have helpful interactive maps showing the legal status of hemp in each state, like the one below.

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Image courtesy NCSL 

FDA Regulations

According to the FDA’s website, “FDA treats products containing cannabis or cannabis-derived compounds as it does any other FDA-regulated products — meaning they’re subject to the same authorities and requirements as FDA-regulated products containing any other substance.”

The FDA has only approved one CBD product – GW Pharmaceuticals Epidiolex which costs roughly $32,500 per year – however they express the following on their website: 

“The agency has and will continue to monitor the marketplace and take action as needed to protect the public health against companies illegally selling cannabis and cannabis-derived products that can put consumers at risk and that are being marketed for therapeutic uses for which they are not approved. At the same time, FDA recognizes the potential therapeutic opportunities that cannabis or cannabis-derived compounds could offer and acknowledges the significant interest in these possibilities.”

Still confused? You have every right to be. Even the FDA is still navigating this new industry along with the rest of the world. 

Consumer Confidence

Due to the many gray areas, unfortunately there are many products on the market making inaccurate and even dangerous claims, and mislabeling their products. According to experts, there are a few things to look for as a consumer to ensure that you are getting a safe product:

1. Where the hemp is sourced: hemp that is sourced outside of the US is not regulated under the Farm Bill and therefore not grown according to FDA and state standards. Here at Healthy Roots our hemp is grown here in Oregon on an organic farm where our farmer is Farm Bill compliant. 

2. Certificate of Analysis (COA): these are the results of independent lab testing for both potency and pesticides. We employ a three step testing process: the hemp that is grown, the oil that is extracted, and the final product. Our test results include potency, full cannabinoid and terpene profiles. We also test for pesticides and heavy metals. These results can be found on our website HERE

3. Lab Testing: the lab doing the testing should be ISO 17025 certified. We use Pixis Labs in Portland, OR, who is fully accredited and testing according to ISO 17025 standards. 

4. Potency: the COA should confirm what is on the product label, both in total and by dose. Both our lab results and labels clearly indicate the potency of cannabinoids in the bottle and by dose. 

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Example COA from Pixis Labs of our 1000mg Berry Tincture. 

In Conclusion

– Hemp that contains less than .3% THC is federally legal in all 50 States

– Each state varies with its own regulations so do your research to determine the legal status of CBD in your state

– Do your due diligence when buying CBD products: is the hemp locally sourced, with test results available from an accredited, trustworthy lab showing accurate potency both in the lab results and on the product labels


FDA Disclaimer: The statements made regarding these products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. Please consult your healthcare professional about potential interactions or other possible complications before using any product. 

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