Is CBD legal in the USA?

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The Expansion of the CBD Market 

You’ve probably noticed it: it seems as if CBD is for sale everywhere. Some companies are even making extravagant claims about the ability of CBD to cure a variety of illnesses. All of this may have given you pause, and resulted in you asking a very important question: Is CBD legal in the USA?

The short answer is yes, but there are many qualifications to that statement. CBD’s legal status was in a state of flux before the passage of the 2018 Farm Bill. The 2018 Farm Bill did clarify things by removing hemp-derived products from Schedule 1 categorization. As a result, licensed growers who produce CBD under appropriate regulation can legally sell and distribute it.

However, there are two important pieces of information to note. First is the THC content: CBD can only be sold if it contains less than .03% THC. Tetrahydrocannabinol is the chemical compound in marijuana which is associated with intoxication. 

CBD is legal in the USA at a Federal Level

Furthermore, while CBD is legal at the federal level, different states have different regulatory schemes and laws. Some states have legalized CBD long before the federal government; other states, such as Virginia, dramatically limit CBD sales and purchases.

It is also important to note that the state of federal regulations on CBD is a confused one. The FDA does not currently have any formal regulations on CBD. However, the FDA has issued cease and desist orders to companies who marketed CBD when the FDA felt that the claims being made by companies were not supported by existing science. They sent these letters as recently as July 2019.

The end result is that the CBD industry is largely self-regulated. Nevertheless, this is often to the detriment of consumers. There are currently no requirements when it comes to labelling. The FDA does not independently verify the accuracy of CBD ingredients, as they do with other foods and drinks under their regulations. This should be a major concern to CBD purchasers and consumers. There is ample evidence to suggest that some CBD vendors are less than honest when it comes to labeling their products. For example, a 2017 study by Penn State tested the labels of 81 CBD products and found that nearly 70% of those labels were inaccurate.


Thankfully, many CBD companies use independent lab-testing. This means that they pay a third party to test, verify and certify that the ingredients on the label are accurate. At Happy Tea we sell a variety of CBD products, all of which are independently tested and verified by neutral third parties. If you are interested in purchasing high quality CBD from a reputable seller, make sure to check out Happy Tea.   

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