CBD Oil Q&A: Is CBD Legal?

Katelynn Anderson GLT Golf
  • Author: Katelynn Anderson
  • Ecommerce Copy Writer / Developer
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FDA CBD Hearing

1. Is CBD legal in all 50 states?

After the Farm Bill was passed in 2018, industrial hemp-derived CBD became legal across the United States. It must be extracted from hemp plants to be legal. This is because these plants contain significantly less THC than marijuana plants. In fact, industrial hemp plants contain less than 0.3% THC. Unlike CBD, THC is prohibited in most states, and it is a psychoactive chemical. Part of the reason the legality surrounding CBD is more relaxed is because it is not psychoactive.


2. Is CBD legal in food?

CBD infused edibles are becoming increasingly popular around the country. It’s already available in candy, syrups, oils, drinks, and dog food. Currently, pure CBD extract is not allowed in food, drinks, and supplements. However, the FDA held a hearing at the end of May this year to start collecting more information about CBD in order to determine what should and should not be allowed.


Legally, a drug cannot be added to a food and sold, and CBD is classified as a drug. Something that is not classified as a drug is hemp oil, and hemp oil often contains naturally occurring CBD. This classification makes the rules for hemp oil different, and one of those rules is that it can be added to food.


Despite the FDA’s current assertion that CBD is not allowed in food, drinks, and supplements, stores and restaurants that have been selling it are continuing to do so. This is mostly because it is known that the FDA’s resources are limited, so many do not expect these rules to be enforced unless products make explicit health claims that could endanger people. When products start carrying those claims, the FDA won’t be very lax about the situation anymore. Hopefully they will come to a decision regarding CBD soon so there can be more clarity with its use, but for now, you should enjoy the availability of so many different CBD products.


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Check out this video and learn more about CBD and food products:

3. Will CBD oil make me fail a drug test?

Drug tests do not test for CBD, so CBD itself will never make you fail a drug test. However, some CBD products have detectable THC levels. Both CBD and THC accumulate in your body, so even if you’re using a CBD product with the legal 0.3% THC content, it can accumulate to a level that a drug test can detect.


So how can you take CBD and not fail a drug test? Do your research and buy from a reputable source! Many manufacturers will include lab test results to show you exactly how much THC is in the product you’re buying. Finding a manufacturer that includes these reports is the best way to avoid buying high THC content, illegal, or even dangerous products.


Another way you could fail a drug test is to take CBD in incredibly high doses. If you take the appropriate dosage, this is not an issue, but if you ingest large amounts of CBD on a regular basis, you could accumulate enough THC in your body to test positive for the substance. This is, of course, also dependent on how much THC is in the product you’re using.


Simply put, doing your research to find legitimate, high-quality products and taking the correct dosage will ensure that your use of CBD will not make you fail a drug test.


Watch this video to learn more about CBD and drug tests:

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