After the Farm Bill 2018 was passed, the state of California introduced AB 228, which would clarify the legality of CBD and allow the unrestricted use of hemp-derived CBD in food, beverages and cosmetics. The bill was not blocked by the California Department of Food and Drugs (FDA), and was seen as a step in the right direction for the legalization of CBD in cannabis products in California. California’s law on CBD and CBD oil from hemp is compatible with the FDA’s. 

In California you can legally purchase CBD-made foods, cosmetics, oils, edibles and other CBD products, as well as CBD oil from hemp and hemp products from other states.

CBD, short for cannabidiol, is a non-psychoactive component of the cannabis plant produced by the plant. Unlike its notorious brother THC (tetrahydrocannabinol), CBD does not have the high level associated with cannabis. Because CBD is derived from cannabis plants, its legality in California is permitted.

At the federal level, the Farm Bill 2018 legalizes the cultivation, possession and use of cannabis for medicinal purposes by adults over 21. So while CBD is legal in some states, it is not yet fully legal nationally. But CBD is not marajuna, and this is why California treats the two differently under current legislation. At the federal level, the growth and interstate transportation of CBD oil is legal.

Many states have used this new-found authority to pass humane and comprehensive CBD laws that provide safe access to cannabidiol products for their citizens.

A statement from CA’s Department of Public Health said: “Today, CBD, derived from a regulated and taxed cannabis plant, is legal and can be purchased at dispensaries or online. CBD products in California, despite their legality, are likely to confuse customers who understand the difference between THC and CBD, the main psychoactive ingredient in cannabis. While California currently allows the use of CBD in cannabis products, including edibles, the use of THC is still prohibited.”

This means that people can buy, sell and produce products with CBD nationwide as long as they do not have THC.

Although the federal government has removed CBD and industrial hemp from the Controlled Substances Act, the FDA recently announced that it has approved the first drug made from a marijuana compound (CBD) for the treatment of a rare and severe form of epidiolex. The only approved medical use of CBD is as an anti-seizure medication (Epidsio Lex). Although CBD is used as an alternative to state-approved medicines, federal law continues to restrict its use in certain circumstances, including for medical purposes and for the treatment of an unapproved drug such as epilepsy.