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Demand for CBD products has skyrocketed over the past few years, especially as a growing number of consumers are looking for all-natural alternatives to common ailments like poor sleep, anxiety, and chronic pain.
One of the first questions people have about CBD products is whether or not they are legal. The short answer is yes, but only under certain conditions. The legality of CBD is not black and white. There are many gray areas that cause a lot of confusion among those with a newfound interest in CBD.
Since there is so much misinformation about the legality of CBD, we’re here to help clear things up. Here’s everything you need to know about whether or not CBD is legal, along with a list of five of the best CBD brands that meet all legal regulations.
Understanding Hemp vs. Marijuana
Much of the confusion and misinformation comes from people not understanding that hemp and marijuana are two different plants. Therefore, the products made using compounds extracted from each of these plants are also quite different.
Hemp and marijuana are two different varieties of cannabis sativa a plant. Both naturally produce CBD, along with other cannabinoids. Visually, hemp and marijuana look the same. The biggest difference, however, is the level of tetrahydrocannabinol (THC).
THC is the compound that gets people “high”. It is known to create a feeling of euphoria and can cause confusion and anxiety. Hemp has an almost non-existent amount of THC, with levels averaging below 0.3%. Marijuana plants, however, contain a much higher amount of THC, which can reach up to 30%.
Because marijuana is so high in THC that it produces mind-altering effects, the plant is federally illegal in the US, as well as in many other countries around the world.
CBD derived from hemp is legal
Understanding the difference between hemp and marijuana is critical to understanding the legality of CBD products. Under Farm Bill 2018, hemp-derived CBD products are legal at the federal level. The bill removed hemp as a Schedule I substance and reclassified it as an “agricultural commodity.”
One of the most common misconceptions about this bill is that it legalizes all CBD products, regardless of whether the CBD is derived from hemp or marijuana. However, this is not true. According to the DEA, CBD is a Schedule I substance that is illegal.
But if CBD is derived from hemp and adheres to all the regulations outlined in the 2018 Farm Bill, it is no longer a Schedule I substance and is legal. For a CBD product to be legal, not only must it be derived from hemp, but it must also:
● Contain less than 0.3% THC
● Must adhere to common state-federal regulations
● Must be grown by a licensed grower
The bill also removed all restrictions on the sale, transportation and possession of hemp-derived CBD products. This means that these products can be transported across state lines as long as the product meets the above criteria.
Federal legality does not guarantee state legality
Just because CBD is legal at the federal level doesn’t necessarily make it legal in all states. States may have laws that set additional regulations or ones that ban CBD products altogether.
Before purchasing any type of CBD product, it is important to check any state laws that may be in effect. For example, CBD products are considered illegal in Iowa. However, they are legal in neighboring states like Illinois and Minnesota.
How to confirm the legitimacy of a product
Companies may advertise that a CBD product is 100% legal, but that does not mean that what is being marketed is necessarily true. The only way to be absolutely certain that a product is legitimate is to review the Certificate of Analysis (COA).
This is a document that is created after a product has been tested by an independent third-party laboratory. A COA provides extremely detailed information about a product, including:
● Cannabinoids
● Microbial contaminants (ie mold, yeast, etc.)
● Residual solvents
● Heavy metals
● Pesticides
A certificate of authenticity not only confirms the presence of these compounds, but also provides measurement. So when determining whether a CBD product is legal, you’ll want to look at the THC findings. If the percentage is 0.3% or less, then the product complies with all legal regulations.
If a product has a reading higher than 0.3%, or if the product does not have a certificate of authenticity available, it is best to beware.
Now that you know the ins and outs of CBD legality and how to determine if a product is legal, let’s take a look at the top 5 trusted CBD brands. These brands use the highest quality hemp-derived CBD, and each product undergoes rigorous testing to ensure it meets legal regulations as well as quality, safety, and efficacy standards.
Top 5 Trusted CBD Brands
Penguin CBD products are powered by nature and inspired by the earth. The company is run by a team of specialists from different fields who work together to create quality CBD products. Penguin products are inspired by the calm, cool personality and lifestyle of penguins. The brand believes that everyone should be able to have a life that is balanced and peaceful.
All Penguin CBD products are made using non-GMO hemp plants grown in Oregon. These plants are grown and grown without the use of pesticides or other harmful chemicals.
Type of extract: CBD isolate and broad spectrum (depending on the product)
Available products
● Oil
● Tires
● Cream
● Capsules
COA: Lab results are available for each product on the Penguin website
Verma Farms creates premium CBD products that are inspired by Hawaii. All CBD is sustainably sourced from the highest quality hemp plants grown in the United States, which are grown without the use of harmful pesticides. The ingredients are carefully selected to ensure that only the safest and highest quality options are used.
While they are best known for their collection of tropical paradise flavored gummies, Verma Farms also offers a line of performance gummies that are uniquely formulated for improved recovery, sleep and energy.
Type of extract: Wide spectrum
Available products
● Tires
● Oils
● Capsules
● Themes
● Dried fruits
● Pet products (oils and treats)
COA: Lab results are available for each product on the Verma Farms website
3. Premium FOCL Full Spectrum CBD Candy
Premium FOCL Full Spectrum CBD Candy are the easiest way to provide your body with overall health, whether at home or on the go. Not only do they taste like a treat, they are also very effective in relaxing the body and mind and are made from only the highest quality organic ingredients. With 25mg of premium full-spectrum CBD in each gum, they really are great. They’re also vegan, non-GMO, and come in 3 delicious flavors (pickled watermelon, tangerine, and tropical punch). FOCL offers free shipping on every order as well as bundle package options. Enjoy maximum relief with FOCL’s delicious full-spectrum CBD candies. Made with extracts from the whole hemp plant to give you the deepest possible benefits.
4. R+R Medicines
As we regularly writeR+R Medicines becoming one of the leading brands in the US, their chewing gum is no exception. They continue to impress by creating a 25mg gum available in both full and broad spectrum (THC free) that tastes amazing.
What’s even more amazing is that their gummies are USDA Organic, making them one of the only options available in this category globally! Plus, they’re completely vegan and taste great since they partnered with a local candy maker to create these delicious rings. So many other brands use artificial flavors, colors and other weird ingredients to achieve great taste at the expense of unnatural ingredients. R+R is really tasty and a much cleaner product.
20% off your first purchase with code: RRWORKS2015% off all subscriptions!
Colorado Botanicals offers surprisingly affordable, premium, THC-free, broad-spectrum CBD with sustainability in mind. Their organic Colorado hemp is tested and uses no synthetic chemicals or potentially dangerous pesticides during the growing process. Although they have yet to have issues, their unique, vertically integrated quality control offers multiple levels of protection.
Colorado Botanicals offers the usual range of hemp-derived CBD products, but their maximum potency is above and beyond their competitors.
Type of extract: Wide spectrum
Available products
● Oils
● Capsules
● Tires
● Pet oil
● Themes
COA: Lab results are readily available on each product page or lab report page
Sunday Scaries products are designed to prevent the impending Monday doom that most people experience every Sunday. These premium products are infused with premium CBD extract to calm the mind, improve your focus, relieve work stress and reset your balance so you feel more balanced.
Sunday Scaries products deliver all the benefits of the whole plant offered by terpenes, flavonoids, fatty acids and minor cannabinoids. Whether you’re looking to take a really relaxing bath or want to munch on delicious CBD candies, this brand has just the product for you.
Type of extract: Wide spectrum
Available products
● Tires
● Oil
● Candies
● Bath bombs
COA: Lab results are available for each product on the Sunday Scaries website
Final thoughts
The legality of CBD products is not as clear as many people hope. However, by understanding the regulations at the federal and state level, it should be much easier to navigate the ever-changing and ever-growing landscape.
Buying CBD products from reputable brands that accept third-party testing is the best way to make sure you’re investing in a legitimate product. The five brands on our list are well-known in the CBD industry and go above and beyond to meet legal, quality and safety regulations.