CHICAGO — Technically, most forms of cannabidiol or CBD derived from hemp are illegal. That’s because the U.S. Department of Agriculture (USDA) has yet to create a regulatory infrastructure to oversee state programs as well as its own rules and processes. The U.S. Food and Drug Administration (FDA) also has its own set of regulatory requirements, especially with regard to CBDs put into food, beverages and dietary supplements. Here’s how CBD legality, more specifically for hemp-derived products, will play out ...
Industrial hemp, or product below a 0.3 THC level, is no longer a Schedule 1 substance and is legal nationwide. But until the USDA creates its own regulatory infrastructure of policies, processes and people, some legal experts believe the Agricultural Act of 2014 stands, making transportation of hemp and hemp-derived products across state lines a legal gray area.
Consumers could complain or file lawsuits over CBD products. Having a trusted business partner and expert legal advice is critical.