Table of contents
CBD, or cannabidiol, has taken the wellness industry by storm, praised for its potential to alleviate anxiety, inflammation, chronic pain, and more. However, as its popularity has grown, so has the confusion surrounding its legal status. While it’s available online and in stores across the country, many consumers still ask: What are the federal regulations on CBD?
In this post, we break down what you need to know about federal regulations on CBD, how they impact consumers and businesses, and what might lie ahead in terms of policy development.
A Quick Primer: What Is CBD?
CBD is a non-intoxicating compound derived from the cannabis plant. Unlike THC (tetrahydrocannabinol), CBD doesn’t cause a “high.” It’s found in both hemp and marijuana, though federal law only permits CBD derived from hemp containing less than 0.3% THC.
The 2018 Farm Bill: A Federal Turning Point
The cornerstone of current federal regulations on CBD is the Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill. This legislation:
- Removed hemp from the Controlled Substances Act, making it no longer a Schedule I drug.
- Defined hemp as cannabis with less than 0.3% THC by dry weight.
- Allowed the legal cultivation, processing, and sale of hemp and hemp-derived products, including CBD.
- Gave oversight power to the U.S. Department of Agriculture (USDA) and state agriculture departments for hemp production.
While the Farm Bill legalized hemp-derived CBD at the federal level, it did not automatically legalize all CBD products across the board. This is where it gets complicated.
FDA Oversight of CBD Products
Despite the legalization of hemp, the U.S. Food and Drug Administration (FDA) still plays a major role in how CBD can be marketed and sold.
Key FDA Stances on CBD:
- CBD cannot be marketed as a dietary supplement.
- CBD cannot be added to food or beverages sold across state lines.
- The only FDA-approved CBD product is Epidiolex, a prescription drug used to treat rare forms of epilepsy.
- Companies cannot make health claims about CBD unless substantiated by scientific evidence and approved by the FDA.
This has created a gray area: while CBD is legal federally, the FDA has yet to establish a regulatory framework for over-the-counter CBD products.
DEA Classification of CBD
Under current federal regulations, hemp-derived CBD is not considered a controlled substance if it meets the definition set by the 2018 Farm Bill (under 0.3% THC). However, marijuana-derived CBD remains a Schedule I substance, meaning it is illegal federally unless approved for medical use.
USDA and State Programs
The USDA oversees hemp cultivation and requires states to submit regulatory plans for approval. These plans ensure farmers follow federal testing standards, particularly the 0.3% THC limit. Some states, however, have chosen not to participate, defaulting to federal management.
Labeling and Safety Concerns
Due to a lack of comprehensive regulation by the FDA, many CBD products are inconsistently labeled. Studies have shown some products:
- Contain more or less CBD than advertised
- Have higher-than-allowed THC levels
- Are contaminated with pesticides or heavy metals
Federal agencies like the FTC (Federal Trade Commission) and FDA have issued warning letters to companies making unsubstantiated claims about curing cancer, COVID-19, and other serious conditions.
The Future of Federal CBD Regulation
Efforts are underway to push the FDA to establish formal guidelines for CBD products. Several bills have been introduced in Congress to:
- Allow CBD in dietary supplements
- Set safety and quality standards
- Promote research into CBD’s health benefits
Until federal regulations are clarified, the burden of compliance often falls on individual states, creating a fragmented market.
Tips for Consumers Navigating Federal CBD Laws
- Buy hemp-derived CBD products that include lab testing and Certificates of Analysis (COAs).
- Avoid brands that make medical claims not approved by the FDA.
- Stay informed about state-specific regulations, as they may impose stricter rules than federal guidelines.
- Choose products from reputable, transparent companies with clear ingredient labeling.
5 Frequently Asked Questions
Yes, but only if it’s derived from hemp (with less than 0.3% THC). Marijuana-derived CBD is still federally illegal.
Not according to the FDA. Adding CBD to food or beverages for interstate commerce is currently not allowed under federal law.
The FDA requires extensive clinical trials and data to approve health claims. So far, only Epidiolex has met those standards.
It can be, if you buy from a reputable company that provides third-party lab results and complies with labeling standards.
Possibly. There is growing bipartisan support in Congress for regulatory reform, but nothing has passed yet as of now.
Conclusion
Understanding federal regulations on CBD is crucial for consumers, businesses, and healthcare professionals. While the 2018 Farm Bill was a significant step forward, much remains unclear—particularly regarding product standards, labeling, and usage in food and supplements.
As regulatory agencies continue to review and update their policies, staying informed and buying from trusted sources remains your best path to safe, legal CBD use.
