June 22, 2023

Legal Jargon: Unraveling the Complex CBD Policies Across the United States


Legal Jargon: Unraveling the Complex CBD Policies Across the United States

Legal Jargon: Unraveling the Complex CBD Policies Across the United States


With the growing popularity of CBD products, it’s essential to understand the legal complexities surrounding their sale and use in the United States. Federal and state laws regarding CBD are constantly evolving, making it challenging for consumers, retailers, and legislators to navigate through the legal jargon.

The Hemp Farming Act of 2018 and the Definition of CBD

In 2018, the federal government passed the Hemp Farming Act, which removed hemp from the controlled substances list and provided a legal framework for the cultivation, processing, and sale of hemp-derived products, such as CBD. However, this act didn’t automatically legalize all CBD products.

State Laws on CBD

While the Hemp Farming Act provided a baseline framework, each state has the authority to create and enforce their own CBD regulations. As a result, CBD policies can vary significantly from one state to another.

FDA Regulations on CBD

Another layer of complexity arises from the Food and Drug Administration (FDA). Despite the federal legalization of hemp-derived CBD, the FDA currently prohibits the marketing of CBD products as dietary supplements or for therapeutic purposes. This means that the sale and labeling of CBD products are subject to specific FDA regulations.

State Laws on CBD

State laws on CBD can range from fully embracing its legality to imposing strict restrictions or outright bans. It’s crucial for both consumers and retailers to understand the specific CBD laws in their respective states to ensure compliance.

FDA Regulations on CBD

The FDA’s stance on CBD has created confusion and uncertainty for both manufacturers and consumers. They have only approved one CBD drug for specific medical conditions, while the majority of CBD products in the market are considered unapproved drugs. This discrepancy between federal and FDA regulations has led to a gray area in the CBD industry.

FDA Q&A on Cannabis and Cannabis-Derived Products

For more information on FDA regulations, including frequently asked questions, you can visit FDA’s official website.


Understanding the legal jargon surrounding CBD at both the federal and state levels is necessary to ensure compliance and avoid legal pitfalls. As laws continue to evolve, staying informed and seeking legal counsel when necessary becomes increasingly crucial for both consumers and businesses in the CBD industry.

Categorized as Policies
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