Since it started becoming popular roughly two years or so ago, the general consensus has always been that since CBD oil from top brands does not contain the psychoactive properties of THC, it is therefore legal. Unfortunately, its legality is much more nuanced because of conflicting federal laws and new court cases. What is clear is that in one of the most recent court decisions on the topic, Hemp Industries Assoc. v. DEA, which came out on April 30, 2018, the US Court of Appeals for the Ninth Circuit found that Section 7606 of the 2014 US Farm Bill (the “Farm Bill”) preempts the Controlled Substances Act (CSA), the federal law which designates marijuana as a Schedule I substance (along with heroin and cocaine) making it illegal to possess or use. This means that when there is conflict between the CSA and the Farm Bill, the Farm Bill wins out.


CBD can be expensive, especially if you’re buying good organic products that are properly tested. If a brand is spending tens (even hundreds) of thousands of dollars a year on true organic farming and state-of-the-art quality testing to ensure a great product, paying a premium is worth it. If a brand is charging a lot simply to capitalize on the hype, that’s a problem. We put together a list of the best value CBD oils we found when researching brands.
And now, onto the thorny issue of legality. The simple answer to the question is yes — if it is extracted from hemp. The 2014 Farm Bill established guidelines for growing hemp in the U.S. legally. This so-called “industrial hemp” refers to both hemp and hemp products which come from cannabis plants with less than 0.3 percent THC and are grown by a state-licensed farmer.
To my understanding, neither CBD nor THC are effective for “severe” pain; rather, they work better for mild to moderate chronic pain. Often, with severe pain, the dosage of opiates can be decreased with concomitant use of medical cannabis or CBD and that decrease in dose makes their use safer. Concurrent use of THC does increase the analgesic effect of CBD, but it also adds the “high” which some people do not want as a side effect.
Rather, what most of these oils appear to be are extracts of the hemp seed. As we mentioned earlier, CBD oil can be made from either hemp or marijuana cannabis plants. No matter which plant they come from, however, they must be made using the flowers, leaves, stem and stalks of the plant, as these are the parts where the CBD compound is actually located.
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