Cannabidiol (CBD) health and wellness products are popular among consumers due to its multitude of health benefits. These products became widely available since the US Farm Act of 2018 that legalized the cultivation of hemp plant strains having up to 0.3% of psychotropic THC. Also, in September of that year, the United States Drug Enforcement Administration (DEA) issued a statement. It cited the removal of FDA approved cannabis-derived CBD medicines containing less than 0.1% THC from the list of Schedule 1 drugs. In this article, we will focus on the legal status of CBD in the US.
What Are Schedule 1 And Schedule 5 Drugs?
The United States Drug Enforcement Administration (DEA) classifies drugs and other substances into five categories or schedules, i.e. schedule 1, schedule 2, schedule 3, schedule 4, and schedule 5. Schedule 1 includes many of the infamous narcotic drugs like cocaine, heroin, cannabis, and methamphetamines. This is because these drugs or chemicals have a high potential for abuse. Schedule 5 drugs include those that contain low levels of narcotic substances or opioids and hence pose a minimum risk for abuse. For example, this class includes drugs like Lyrica, antidiarrheal medicines, Robitussin, and the FDA approved cannabidiol (CBD) derived Epidiolex.
Schedule 5 CBD Products
CBD products under schedule 5 drugs are meant for medical purposes, and the only FDA approved CBD drug in this category is Epidiolex. It is found to be effective in treating severe forms of epilepsy like Lennox-Gastaut syndrome and Dravet syndrome in children above two years of age. Also, THC levels of these CBD products must be less than 0.1%, and it must be approved by the US Food and Drug Administration (FDA). Any hemp-derived CBD health and wellness products that fail any of these two rules by default falls under schedule 1 substances at the federal level. Moreover, the state that you are residing in has the final say regarding the legality of cannabidiol products.
The legality of CBD depends on both federal and state-level laws. At the federal level, CBD products made using hemp extracts having less than 0.3% of THC is legal. However, at the state level, the legality varies. Listed below are the state-wise legality of cannabidiol (CBD).
Red States: CBD Is Illegal
- South Dakota
Amber States: CBD Only For Medical Use
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- West Virginia
- North Carolina
- South Carolina
Green States: CBD Is Legal
- Washington D.C.
We hope that the aforementioned details clarified your doubts and gave you a better understanding of the legality of cannabidiol (CBD) in the US.