Are CBDs, marijuana and full-spectrum phytocannabinoids legal in all 50 states or not? – Find out in 2 minutes.

You may have seen on TV or read online news about CBDs and are still confused on the legalities between them, THC, and full spectrum phytocannabinoids.

Many people assume that CBD or cannabidiol supplements can be lawfully marketed since the passage of the Agriculture Improvement Act of 2018 (The 2018 Farm Bill).

That is not correct.

FDA Commissioner, Scott Gottlieb, M.D., on December 20, 2018, issued a press release to make their position clear. He stated, “it’s unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.”

The given reason for this was that both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements.

The wording of Commissioner Gottlieb’s statement is interesting. Specifically, it indicated that “added CBD” could not be introduced into a food or dietary supplement.

This suggests that CBD isolate cannot be part of a dietary supplement.

But what about a plant, such as hemp, that contains naturally occurring phytocannabinoids – including CBD? There are many plants, besides hemp, that contain phytocannabinoids or otherwise have cannabinoid properties.

These include, but are not limited to:

• Culinary herbs such as basil, cinnamon, black pepper, cloves, oregano and rosemary
• Medicinal herbs such as echinacea spp, curcuma spp. (turmeric), and glycyrrhiza (licorice).
• Foods such as Theobroma cacao (from which chocolate is derived), Camellia sinensis (green and black tea), grapes, Brassica spp. (e.g. broccoli, cabbage, etc.), Apiaceae family (e.g. carrot, parsley), Helichrysum spp.(the sunflower family of plants), Amorpha spp. (the pea family of plants).

All of these plants are lawful to sell in dietary supplements and/or as foods, despite the fact that they all contain naturally occurring phytocannabinoids. In discussing this with some legal experts, the position is that products containing naturally occurring phytocannabinoids from plant sources such as hemp, are not a problem – assuming that the products aren’t positioned as CBD products.  

CBD isolates, on the other hand, are a clear violation of the FDA’s position.

What States Is CBD Legal?

• CBD is legal in all states as a prescription drug for epilepsy, called Epidiolex.
• CBD is not legal in any states as a medication for any other purpose.
• CBD is not legal as a dietary supplement in any state (per the FDA, as previously discussed)

In What States are Full Spectrum Phytocannabinoids Legal?

• Natural occurring full spectrum phytocannabinoids are allowed in all 50 states.

What States is THC Legal for Recreational & Medical Use? 

• Washington (WA)
• Oregon (OR)
• California (CA)
• Nevada (NV)
• Alaska (AK)
• Colorado (CO)
• Massachusetts (MA)
• Vermont (VT)
• Maine (ME)

Any questions?