What Laws Make CBD Legal

With all the hype about the murky line between legal and illegal when it comes to any products related to cannabis, it is no surprise that many people are unable to cite what laws free them to consume cannabis-based products. Smoking marijuana is obviously illegal at the federal level, yet many states allow recreational consumption of THC, and the number is increasing. Critics can point to the fact that federal law trumps state law (it does), so just because something is legal at one level but not another, does not make it necessarily “legal” overall. While this holds true for THC and so-called recreational marijuana, the same cannot be said for cannabidiol. CBD does have laws and regulations at the federal level that Do make it legal, and also at the state level. The following laws and regulations are why established CBD brands can legally say that they are legal in certain (or all) states.

It’s important to know that, just because one or several laws or regulations say one thing, but another law says something different, it is not always a “get out of jail free” card. A driver pulled over for smoking marijuana in a state without any recreational marijuana laws is unlikely to prevail in convincing an officer that, because it is legal in some other state than the one they are currently driving in, they should be left alone. In the case of CBD, it is helpful to know the specific laws and regulations that legalize possession of it by consumers.

Section 7607 of the 2014 Farm Bill

The Farm Bill is the primary federal law cited to support the legality of CBD products. Contrary to popular rumor, the Farm Bill doesn’t actually make legal any and all cannabidiol products, but rather only those that meet a certain standard. The CBD that the Farm Bill specifically allows is CBD derived from industrial hemp, with a total THC content below 0.3%. Industrial hemp is a bit of a legal misnomer, because it references the plant Cannabis Sativa L, the same genetic plant that can be labelled illegal marijuana. The low-THC high-CBD plants are categorized as “industrial hemp” (and thus “legal” under this law) while the higher-THC plants would not get the same protection, despite being genetically identical plants.

While the Farm Bill, as a federal law does trump state laws, an individual state law could still make something illegal if the federal law is quiet on it. Likewise, other federal laws like the Controlled Substance Act, can make certain parts or form of the Cannabis Sativa L plant illegal to possess, which is what the CSA does with respect to cannabis plants exceeding the limit for qualification as industrial hemp. If a state law makes it illegal for a consumer to possess a CBD product within the state borders, they could criminalize the local possession of that product even if the production of that product met the federal industrial hemp requirements. The Farm Bill does not address possession of a CBD product by a consumer, but rather what conditions that industrial hemp can be grown and cultivated, and even that is supposed to be under a pilot agricultural project. So, while Section 7607 is a powerful law supporting the rights to use or possess CBD, there are still state laws and court decisions that can affect the legality.

The Cole Memorandum

The Cole memorandum was a policy, but not an official law or statute, adopted by the Obama administration. What it said was, that while marijuana was still considered illegal at the federal level, there would be no money or resources spent at the federal level against recreational marijuana in states that had make it legal. What this effectively did was remove the enforcement side from the question of legality. Whether cannabis products were illegal federally was immaterial if no federal funds could be spent on any type of enforcement where the cannabis supplier or owner was in a state that had legalized, and was complying with those state laws.

Indiana Hemp Laws and Legislation Updates

While we at CBDPure have always maintained a conservative approach when it comes to state laws regarding CBD and other cannabinoids, the 2014 Farm Bill Act has always provided legal protection for those using CBD extracted from industrial hemp. While the vast majority of states now have some type of allowance for low-THC cannabidiol (Often named after the first patients approved for treatment) a few outliers remained. A few states, notably Arkansas, Kansa, Louisiana, and Indiana, have maintained certain state-level laws or policies unfriendly to producers of CBD. These states, while not directly criminalizing the possession of CBD products, have historically added a level of uncertainty to buying and selling CBD within their borders. Recently, Indiana has left that list, with a historic new bill passing their legislature, unanimously, that once and for all ensures the rights of Indiana citizens to have access to CBD products without the need for a government waiver or permission.

Indiana is unique that the overturn of outdated laws regarding cannabis oil extracts came about precisely because of statements by Governor Holcomb that CBD was illegal in his view. This didn’t sit well with constituents, or the legislature apparently, as Senate Bill 52 fully legalizing CBD usage was quickly drafted and passed unanimously by the State Senate. A similar bill was also passed by the House, and the measure was signed into law by Governor Holcomb despite his earlier opposition to cannabidiol products. This new law cleared up confusion about the law regarding CBD usage, fully authorizing its use so long as the THC content remains below 0.3% (which all CBD Pure products comply with). New labeling draft guidelines are likely to be made public in the upcoming months.

Indiana provides a template for how confusing or restrictive state laws can be changed to guarantee access to CBD products for patients desperately seeking natural treatments for their health issues. Governor Holcomb’s negative comments about CBD initially resulted in a widespread call for action to clarify the right of Indiana residents to use CBD products, and the legislature responded almost immediately with a new law that takes Indiana from one of the most restrictive states to being one of the most open when it comes to legal CBD. In recognition of this new legislation guaranteeing access to Indiana residents, all new customers can use coupon code INDIANA15 on all CBD Pure products to get 15% off their entire purchase.

CBD Referral and Affiliate Program

Because word of mouth is the primary source of new customers, we strive to always deliver the best products we can, so that our users will not only become longtime customers, but will recommend CBD Pure to their family and friends as well. We greatly appreciate all the gracious support, complimentary emails, and testimonials we’ve received from CBD Pure users from all over the country, and all walks of life. We are fortunate to have a very supportive (and vocal) base of customers who help us grow our company. In response to numerous suggestions and requests from our clientele, we are announcing the launch of our CBD Affiliate Referral Program.

If you are not familiar with how an affiliate program works, the details are pretty straightforward. People who wish to promote products, like our CBD Pure line, sign up for free for an affiliate program that pays them a commission anytime a customer that they referred makes a purchase. In this way, people are rewarded for sharing their experiences with CBD Pure with others. For us, that means rewarding generously those of you that have helped grow our company through your referrals. For anyone that signs up for our CBD Affiliate program, we will provide a “link” that they can share online. Any future customer that clicks that link and purchases from our website will be result in a one-time commission of 40% being paid out to the person who referred them. Sign up is free, and we provide all the information necessary to get started, even if you have a limited knowledge of online sales or technology. Just like our CBD Pure sales and support team, if you have any questions about our new affiliate program, a helpful team member is just a click or an email away!

Continuing Organic CBD Certification

Good news everyone, we continue to work closely with our farmers in Colorado to bring you only the very finest in organically-sourced hemp to produce our CBD Pure oil. We’ve recently received the latest review results of the organic standards guidelines compliance investigation, and our latest farm crop passed with flying colors! While we have always followed organic standards, to receive a final certification on our newest crop is the culminations of our continuing efforts to make sure independent third-parties are also certifying that we live up to official organic standards as well. In honor of our latest organic review, CBDPure customers can use the coupon code “organic15” at checkout to receive a 15% discount on any size CBD Pure order from now until the end of the month.

Legal History of CBD

For many people who are interested in natural health products, hemp-based products like CBD may seem a bit difficult to find and acquire. Despite hemp’s long history in the health field, as well as many other industrial and manufacturing applications, its association with marijuana has greatly limited its adoption and acceptance in the health community at large. To be clear, CBD and other derivatives of the cannabis plant, unlike marijuana, are legal in all 50 states.

The legal growing, possession, and usage of the hemp plant extends back to pre-Civil War times in the United States. The 2014 Farm Bill Act codified the legality of hemp products so long as they contained less than 0.3% THC by weight. Additional state laws have further reinforced the legality of all CBD products possessed within the United States that meet the low-THC criteria. While the vague connection to marijuana will never completely go away (both are derived from cannabis plants, despite radically different effects) the legal differences between high-CBD and high-THC products are well documented. With no legal problems (in the United States), no risk of abuse or negative mind-altering effects, and no known toxicity level from even large doses of CBD, the use of cannabidiol is a safe and positive approach to health.

Welcome to the CBD Pure Blog!

Hello, welcome to the official blog of CBD Pure. While most of the background information and buying options for CBD can be found on our main site, this blog will provide updates on our company, our crops, and news related to the cannabidiol industry that we think you may find interesting or useful. For now, if you have any questions about CBD Pure or simply wish to learn more about the benefits and effects of CBD in general, answers to the most commonly asked questions can be found here.