Is CBD Legal In The USA?

is CBD legal in the USA

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 byremoving 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. 



Yes, CBD Is Legal In The USA

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

It is also important to note that the state of national 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.

Unfortunately, consumers are often the ones to suffer because there are no current FDA regulations on the CBD industry. Consequently, there are currently no requirements when it comes to labeling. The FDA does not independently verify the accuracy of CBD ingredients, as they do with other foods and drinks. This should be a major concern to CBD purchasers and consumers. There is evidence to suggest that some CBD vendors are not honest when it comes to labeling. 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.

However, the good news is, CBD is more and more available in the USA. In most places, CBD is readily available.


Thankfully, many CBD companies like Happy Tea use independent lab-testing. This means that they pay a lab to test and certify the ingredients on the label are accurate. If you are interested in purchasing high-quality CBD from a reputable seller, make sure to check out Happy Tea.   

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