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We’re sure by now you’ve heard all of the buzz around CBD oil and about the many health benefits that have been attributed to it. You’re probably keen to try CBD oil, but you’re not sure if buying CBD oil online is entirely legal. Well, don’t worry, Marijuanabreak is here to tell you everything you need to know. We’ll highlight some key things that you need to be aware of before you make your purchase.

It is fair to say that differing legal status at the federal and individual state level is where all the confusion arises from. As marijuana is still classified as a Schedule 1 substance at the federal level, it is natural to be a bit apprehensive.

What has confused matters even further is that some states have legalized marijuana consumption for both recreational and medicinal purposes. Others have effectively legalized marijuana for medicinal purposes through various medicinal marijuana programs which are available to qualifying patients. Last year former Wisconsin Attorney General Brad Schimel reversed his directive to prosecute retailers who sell CBD oil and CBD oil tincture derived from industrial hemp.

With so much confusion in the air, now seems like a good time to have a look first at the relevant legislation which determines the legal status of both marijuana and hemp.

The 2018 Farm Bill

The current legal status of marijuana and industrial hemp are outlined in the Farm Bill of 2018. The farm bill is a wide-ranging piece of legislation that shapes federal food and agricultural policy. It first came into being in 1933 during the Great Depression to support farmers as crop prices plummeted.

Since 1933, Congress has renewed each subsequent farm bill. The 2014 Farm Bill was significant for the CBD industry as it made a clear legal distinction between industrial hemp and marijuana. The Bill further authorized the cultivation of hemp for both industrial and research purposes.

President Trump signed the most recent farm bill into law, i.e., the 2018 Farm Bill. The 2018 Farm Bill reaffirmed industrial hemp as a separate agricultural commodity that is distinct from marijuana.

In simple terms, marijuana remains a Schedule 1 controlled substance and is, therefore, still illegal at the federal level. On the other hand, industrial hemp, which contains less than 0.3% THC, is entirely legal.

While this much is clear, the legal status of cannabis extracts like CBD oil has caused confusion in recent years. The uncertainty regarding the legality of cannabis extracts was exacerbated recently when the DEA published a rule in 2016, which stated:

(The) “DEA is creating a separate code number for marihuana extract with the following definition: “Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus cannabis, other than the separated resin (whether crude or purified) obtained from the plant.” Extracts of marihuana will continue to be treated as Schedule I controlled substances.”

The validity of this new DEA rule was challenged almost immediately by businesses operating in the CBD industry. The DEA was ultimately forced to clarify what the rule meant in practical terms. A DEA spokesperson, Russ Baer, sought to clarify the situation.

Baer stated that “If the products are derived from the non-psychoactive part of the marijuana plant, then you’re talking a non-controlled substance.”

The DEA rule and the administration’s subsequent clarification encapsulates the real confusion which arose from the differing legal status of industrial hemp and marijuana, at the federal and state level.

How to Buy CBD for Sale Online Legally

Hopefully, after clarifying the legal background regarding marijuana, industrial hemp, and extracts like CBD, you will feel more confident about purchasing CBD oil for sale online.

For the record, the number one way to stay within the law is to source CBD oil, which is derived from hemp, a.k.a. industrial hemp, which contains less than 0.3% THC.

This percentage represents the THC content threshold, which is legal under federal law. It is crucial that you only purchase CBD oil, which contains less than 0.3% THC to remain within the law.

We strongly recommend that you opt for established and reputable companies that source their CBD from industrial hemp. Companies like Pure Kana, Premium Jane, and Green Roads are among the most successful CBD-based businesses out there. These companies source their CBD oil from hemp, and all of their products contain less than 0.3% THC.

Denise Lockwood has an extensive background in traditional and non-traditional media. She has written for, the Milwaukee Business Journal, Milwaukee Magazine and the Kenosha News.