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Is CBD Legal? What to Know When Buying CBD

One of the most common concerns that people have about CBD is whether or not it’s legal to use. Today, we’ll give you some information you should consider when buying CBD!* 

The Confusion Between CBD and THC and Hemp and Marijuana

To understand the legal landscape around CBD, it’s important to understand the difference between CBD and THC as well as the difference between hemp and marijuana. 

CBD (cannabidiol) and THC (tetrahydrocannabinol) are both cannabinoids, which means they interact with your body’s Endocannabinoid System (ECS) to promote homeostasis. However, THC is the psychoactive compound of the cannabis plant. It causes the euphoric side effects that are sometimes associated with the plant. CBD, on the other hand, is not psychoactive and does not cause euphoric side effects. 

Now, let’s tackle the difference between hemp and marijuana! Hemp and marijuana are both cannabis plants, but they are different in composition, cultivation, and usage. Both hemp and marijuana contain many different cannabinoids, including CBD. But the primary distinction between hemp and marijuana is the amount of THC they contain. Hemp contains less than 0.3% THC. Marijuana, on the other hand, contains anywhere from 5-20% THC. Though some states have legalized marijuana under state law, federal law currently still says that marijuana is illegal.

Research Done on CBD

According to this critical review from the World Health Organization, “CBD is generally well tolerated with a good safety profile.” The same review noted that in humans, “CBD exhibits no effects indicative of any abuse or dependence potential” and “to date, there is no evidence of recreational use of CBD or any public health-related problems associated with the use of pure CBD.” 

Federal Law

Because the federal Farm Bill was updated at the end of 2018, hemp and hemp derivatives are now legal (i.e., exempted from the Controlled Substances Act) when they contain less than 0.3% THC.

That’s not the only thing to consider, though! The source of your CBD is also important. CBD can be extracted from either the hemp plant or the marijuana plant. While the composition of hemp and marijuana are different, CBD itself doesn’t differ based on its source. All the way down to the molecular level, CBD is identical whether it’s extracted from the hemp plant or the marijuana plant.

So if CBD is the exact same on a molecular level, it’s easy to assume that it’s legal regardless of the source, right? Here’s where things get a little tricky. The Farm Bill specifies that CBD that is derived from hemp and contains less than 0.3% THC is not regulated as a controlled substance. The key phrase here is derived from hemp. CBD that is derived from marijuana is still considered a controlled substance and is not legalized the way hemp-derived CBD is. It doesn’t matter if it contains 0% THC. If it is derived from marijuana, it’s a controlled substance. Make sure you know the source of your CBD so you don’t find yourself in trouble with the law!

State Law

Of course, federal law is not the only important thing to consider. You should also be careful to comply with state law. In some states, state law is hostile to CBD products even if these products contain less than the federal limit of 0.3% THC. Any person using CBD has the responsibility to be familiar with the laws and regulations regarding CBD in his or her state (and in his or her county, town, or similar local jurisdiction). 

CBD Legal Considerations

To recap what we’ve said above, there are a few things you should consider to know if your CBD is legally approved under federal law and in your area! First, how much THC does your product contain? Next, what is the source of the CBD you use? Is it from hemp, or is it from the marijuana plant? 

Once you know exactly what’s in your product, you’ll want to check the laws within your state and local jurisdictions to figure out whether such products are legal where you live. All of our current products are based on a CBD isolate and are rigorously tested to ensure that they contain 0% THC.  

To help you feel secure in the knowledge that there is no THC in our products, we’re transparent with our lab results. You can visit our product verification page here, select your product, and then click on the batch number that matches the number on the bottom of your product. You’ll be able to see the results for your specific product! 

Another benefit of Nature’s Ultra products is that we do not use synthetic CBD. The Farm Bill’s exemption for making CBD legal under federal law (when below 0.3% CBD) only applies when the CBD is a hemp derivative, which is not the case with synthetic CBD.

Why It’s Important to Stay On the Right Side of the Law

The legal consequences of breaking state or federal law in regards to THC can be devastating. We strongly recommend educating yourself on the legality of any CBD oils that you use so you don’t find yourself in any legal trouble. 

As important as it is for you to follow the law, it’s just as important for us! At Nature’s Ultra, we’re dedicated to complying with both state and federal law so we can provide our products to as many people as possible. We’re proactive in ensuring we comply with the law because we intend to be in the industry for a long, long time. That may mean that sometimes the claims we’re allowed to make, the recommendations for how you take the products, and even the areas we’re able to ship may change from time to time. That keeps us safe so we can continue to help people all over the country enjoy our CBD oils!


We hope this article has been a useful starting point for learning more about CBD’s legal standing and what to look for when you’re buying CBD. Now that you know more about Nature’s Ultra products, click here to find the perfect product for you! 

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*Please note that nothing in this article constitutes legal advice. If you are looking for legal advice regarding CBD, contact an attorney in your area.