CBD is legal for medical use without a prescription in the same eight states that deem it legal for recreational use: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington.
This where the question of CBD legality gets a little murkier. There are 17 states having specific legislation for both the THC-levels found in CBD as well as for the specific conditions being treated with CBD. These states are: Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming. Before it is considered legal to purchase or use any CBD product in these states, it is required that you possess a state-issued medical prescription issued by a certified medical doctor. Each state has a particular concentration of THC it allows to be present in a CBD product, with concentration percentages up to %0.3.
As of December, 2018, hemp derived CBD products and derivatives are considered legal under Federal law. This is due to the passage of the 2018 Farm Bill that dictated that hemp growers and CBD-product manufacturers that hemp will no longer be equated under drug laws with its psychotropic sibling, marijuana.
The 2018 Farm Bill removed hemp from the Controlled Substances Act, paving the way for the wholly legal cultivation, possession, sale and distribution of hemp-derived CBD products. In addition, the 2018 Farm Bill leaves it up to states to regulate and limit the production and sale of hemp and hemp products within their borders.
With the issuance of this final order, the Acting Administrator of the Drug Enforcement Administration places certain drug products that have been approved by the Food and Drug Administration (FDA) and which contain cannabidiol (CBD) in schedule V of the Controlled Substances Act (CSA). Specifically, this order places FDA-approved drugs that contain CBD derived from cannabis and no more than 0.1 percent tetrahydrocannabinols in schedule V. This action is required to satisfy the responsibility of the Acting Administrator under the CSA to place a drug in the schedule he deems most appropriate to carry out United States obligations under the Single Convention on Narcotic Drugs, 1961. Also consistent therewith, DEA is adding such drugs to the list of substances that may only be imported or exported pursuant to a permit.
However, when CBD is derived from hemp or some other lawful source it is not a controlled substance as long as it is below .3% thc.
The Endocannabinoid System ECS is a biochemical communication system in the human body that regulates physiology, mood, and our everyday experience. The ECS was discovered in the 1990's by Dr. L.A. Matsuda during trials whose original goal was to understand how the intoxicating substances found in marijuana affected human physiology. What Matsuda's team discovered was a complex network of cannabinoid receptors structured with the cellular framework of both the central and peripheral nervous systems. Cannabinoid receptors are found numerous places through the body’s structure, and as such, they are crucial for optimal health. In fact, they play a significant role in regulating many bodily functions like motor control, pleasure, immune system function, pain, appetite and sleep.
The ECS’ primary function is to regulate how quickly neurotransmitters within the brain are being released, slowing them down or speeding them up as necessary in order to return to and maintain internal homeostasis after the body has endured a threat. There is preliminary scientific evidence to indicate that when these receptors are stimulated by cannabinoids, or CBD, our bodies system’s can communicate more effectively with themselves. This accelerated biophysical communication can help to relieve depression, lower intestinal inflammation, lower blood pressure and reduce fear and paranoia.
While much remains to be learned about the ECS, there are a few basics that the scientific community largely agrees on. The ECS helps fine-tune the vital physiological functions in both humans and animals. The ECS is key in promoting homeostasis across a wide variety of key daily functions, notably sleep, appetite, pain, inflammation, memory, mood, and even sexual behavior. Presented in the most basic terms, the ECS helps modulate the regulation of homeostasis across all of the body’s major systems, ensuring that each of these disparate systems work in concert with one another.
Despite the fact that research regarding the effects of phytocannabinoid cannabidiol, or CBD, on the ECS, scientists have learned that the system recognizes and respond to cannabinoids from external sources.