There has been so much confusion regarding the legality of CBD derived from hemp extract over the last few years. To start, until 2014 it was illegal to grow industrial hemp (hemp containing less than .3% THC). However, with the passing of the farm bill, we are now allowed to grow industrial hemp. Several states have passed laws allowing citizens to become licensed industrial hemp farmers. Why is this important? Because prior to 2014, while we couldn’t grow hemp we could import it (typical bureaucratic nonsense). Not only was this policy a disservice to the American farmer, but also the consumer. Since most imported hemp is grown in toxin rich soil, the hemp absorbs the toxins and the consumer are left with products full of impurities and toxins.
So the 2014 Farm Act legalized growing hemp in the U.S., but what about hemp extract and specifically CBD? Most of the confusion stems from the CSA (controlled substance act) from the 1970’s when America declared “war on drugs.” The confusion has been increased by the DEA making claims that all forms of CBD is illegal. However in the 2003 case of HIA (Hemp Industries Assoc.) v DEA, the court ruled that industrial hemp was specifically excluded from the CSA and therefore all products derived from it are not subject to enforce under the CSA. This ruling states clear as day in its conclusions that,
“Congress knew what it was doing and its intent to exclude non-psychoactive hemp from regulation is entirely clear.”
The DEA however seems to continue blatantly ignore the court’s ruling and as recently as 2017 is back in court again with the HIA. While this may cause some concern for people, the DEA is 100% out of line and the court has already ruled that they (DEA) have no jurisdiction over non-psychoactive hemp. This is nothing more than complete government overreach.
It is clear that CBD from industrial hemp is legal based on court rulings and that growing industrial hemp is legal based on the 2014 Farm Act and thus CBD hemp extract can and should be used by all who suffer from any ailments that can benefit from it.