Home CBD Education Breaking Down CBD: Are CBD Edibles Legal in the US?

Breaking Down CBD: Are CBD Edibles Legal in the US?

Breaking Down CBD: Are CBD Edibles Legal in the US?

Many love indulging in a CBD edible, but the question still remains, are CBD edibles legal in the US? 

CBD has come a long way. It’s been around since ancient times and made its way through various times in history. 

It’s provided our nation with paper, clothing, rope, and much more in the past, but currently, people reach for it for a whole new reason—therapeutic relief. 

While some people like to take a few drops under the tongue or take a few puffs of a vape pen, others can’t resist hemp-infused edibles. 

You can find CBD edibles almost anywhere these days, but it doesn’t mean they’re legal. 

We know; it’s pretty confusing because The Farm Bill of 2018 legalized hemp, right? 

Yes, but there are specific stipulations when it comes to combining hemp into food and drinks. 

It’s best to start with what The Farm Bill of 2018 did for the hemp industry. From there, we can look at the grey area, as well as what it means. 

A Brief Recap of Hemp History

Hemp was once praised for all of the remarkable products it was capable of producing. In fact, back in the 1600s, King James I required all property owners to grow hemp for export in Jamestown. 

Thomas Jefferson was also a supporter of hemp cultivation. He grew hemp for a while and even drafted the Declaration of Independence on hemp paper!

So, how did hemp get to be so taboo—and illegal for a time? 

The recreational use of cannabis was introduced after the Mexican Revolution. This presented a looming fear of all things cannabis for the bulk of society, which resulted in the Marijuana Tax Act of 1937. 

This is the historic move that criminalized cannabis and all things related (hemp), which makes no sense because they produce dramatically different effects on the body. 

How the Farm Bill of 2018 Changed Things

Within the last few years, we’ve seen our country loosen the reigns of cannabis, as several states have legalized cannabis

California and Colorado were among the first states to legalize cannabis. Not soon after, The Farm Bill of 2018 decriminalized hemp, with the defining quality being that it doesn’t contain more than 0.3% THC. 

The Farm bill legalized industrial hemp cultivation as an agricultural commodity. In the process, it was removed from the controlled substance list the Marijuana Tax Act landed it on back in 1937. 

Now, millions of people have access to a wide variety of hemp products that can support them in several ways. 

Additionally, CBD market trends project we’ll see an increase in hemp-based products in major retailers across the country this year. 

The bottom line—it’s never been easier to get your hands on high-quality hemp products. 

So, What’s the Deal with Edibles?

New 1500mg gummiesEven with all the changes in the hemp industry, the FDA still frowns upon CBD-infused food and drink products. The FDA prohibits any type of drug additive in food and beverages, even those previously approved by the FDA. 

The trace amounts of THC are also one of the main issues with edibles. Hemp, by definition, has to contain less than 0.3% THC, and while this isn’t enough to warrant any type of effect or reaction, it’s still there, and that’s an issue. 

So, yes, technically, these types of products are illegal. Nevertheless, we still see them everywhere, and many take that to mean the FDA plans on letting up on this notion. 

You’re probably wondering where CBD gummies land in all of this. Well, gummies are in a league of their own since they typically embody such an extensive range of health-boosting benefits. 

Several companies see a significant advantage in incorporating additional vitamins and nutrients into their gummy formulations. And this inclination was correct because this added wellness value is something many people love and cling to when searching for gummies. 

It’s possible edibles got somewhat of a bad rap from THC. We’ve all heard a good story or two from a friend who chewed off a tad bit more than they could handle.

However, this is where the stern distinction between hemp and cannabis should make a grand appearance. 

Since CBD is non-psychoactive, it’s simply not capable of producing the same effects, but this is where the confusion comes from. For now, this is where food and drinks stand in the industry.

Things to Keep in Mind 

Although CBD is legal across the country, you still have to proceed with caution. This is especially true when it comes to traveling with any type of CBD product. 

Each state has its own specifications when it comes to hemp legality. However, you can protect yourself by keeping your certificate of analysis with your product in the trunk if you’re traveling. 

It’s a different situation if you’re planning on traveling out of the country because each country has its own laws and regulations regarding cannabis. Make sure you do research for each area, layovers, and your final destination. 

It’s a step you cannot afford to skip. For example, China has some of the straightest cannabis laws globally. Still, CBD is legal in China as long as it does not contain any THC. 

You can see why understanding the complexity of hemp is advised when you plan to travel the world and carry along some of your go-to products. 

Looking Into the Future

Those knee-deep in the CBD industry have long-awaited the full approval of the FDA. Many claim that the moves taken in quarters 1 and 2 of 2021 will profoundly affect the industry in general. 

Hopefully, the legalization of CBD edibles will make it’s way into the initiative somewhere along the lines. You can find CBD edibles all over the web, and in almost any store you visit these days, so it’s a big surprise to find out they don’t have the full support of the FDA. 

But on the other hand, there are many aspects of the industry that are on hold, awaiting the FDA’s final day. 

In the meantime, let’s keep enjoying all the benefits cannabinoids produce for us. 

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