Is CBD Oil Federally Legal When it Contains CBDa?

Posted on April 25th, 2023

Today, we talk about CBD oil as a phytocannabinoid that’s an extremely popular plant-based supplement. With the compound’s rise in popularity, many have decided to add hemp-extracts to their daily routines. Now, hemp is a member of the cannabis family, so many people wonder: is CBD oil federally legal? Can we purchase this substance without breaking the law? 

So, to help you make an informed decision here is a detailed breakdown of the exact legal status of buying and selling CBD oil in America. Plus, we’ll explain a bit more about CBDa, the acidic precursor to CBD, and it’s legal status, since all of our Tanasi hemp-extracts contain a patent-pending formulation of CBD and CBDa that our team of researchers has discovered is 2X more effective than formulations containing CBD alone. 

Legalities of CBD Oil

In 2014, CBD oil came to the forefront of legal discussions due to its rising popularity. Eventually, the government passed the Agricultural Act of 2014 (2014 Farm Bill), making new legal allowances for the hemp industry while analyzing its various processes. Until that point, hemp was a controlled substance, so the federal government largely ignored the industry. Once hemp’s legal status changed, however, it became imperative to further understand what regulations were necessary to protect consumers.  

Now let’s fast forward to 2018: further adjustments were made to the 2014 Farm Act, introducing the new 2018 Farm Act. What exactly was its aim? To remove hemp from the Schedule 1 Controlled Substances List, using the premise that any cannabis product with THC content less than 0.3% was now legal and removed from this list. 

The bill passed, with the caveat that the FDA would still regulate what was permitted and what was not when it came to hemp and hemp-derived products. The goal was for the FDA to have the final say on whether or not CBD oil was ready to be sold on the open market. To keep companies within the legal parameters, hemp-based solutions had to gain the FDA’s seal of approval before becoming available for sale. 

Today, at the federal level, CBD is a viable commodity that can legally be grown and sold in the US. However, due to the 0.3% THC threshold, the DEA still keeps CBD derived from the cannabis plant with greater than 0.3% THC on the Schedule 1 Controlled Substance list. Similarly, hemp-derived CBDa is also a federally legal product, again assuming that it contains less than 0.3% THC concentrations. 

CBD + CBDa productsRules for Growing and Selling Hemp

Sounds confusing, right? How can the federal government and the DEA be at odds? Well, here’s how the differences generally play out. Basically, farmers can grow hemp and still receive federal funding. They can also access insurance programs without fear of being denied for growing hemp. 

Still, there are subtle nuances at play when it comes to hemp and/or CBD products’ legality. CBD that is sourced from marijuana plants will come under greater scrutiny, especially at the state level. And that state level is important for shoppers to consider: while you can legally buy and sell CBD in all 50 states according to the federal government, each state has its own interpretation of what is and isn’t permissible within its own borders. 

State Level Laws

While the federal laws are quite clear on CBDa and CBD’s legality, that’s not the end of the story, since each state has its own set of regulations. So, in order to be safe, you have to carefully read your state’s specific rules and restrictions. 

The majority of state restrictions relate to how you source CBD and CBDa. Basically, any product sourced from marijuana plants will be subject to more regulations than those that are sourced from hemp plants. As a reminder, hemp and marijuana plants are both varieties of cannabis, differentiated by their THC content. (Marijuana has high THC concentrations, and hemp’s THC content is below that 0.3% legal threshold.) 

States such as Washington and Colorado allow any type of CBD oil to be sold in their borders. This includes marijuana-sourced CBD.

Other states that have accepted CBD oils and/or other marijuana products include Maine, Nevada, California, Massachusetts, Vermont, Oregon, Alaska, and the District of Columbia. 

Other states haven’t yet embraced marijuana, but do permit the sale and use of hemp-sourced CBD oils. So, if you live in a state we didn’t specifically mention, it’s best to research individual legalities for yourself. We always say that it’s better to be safe rather than sorry before you invest in high-quality CBD oils.   

Is CBDa and CBD Oil Legal Federally?

To answer the main questions, yes, CBDa and CBD oil products that follow the 2018 Farm Bill’s established regulations can be bought, sold, and used within all 50 states. From the federal government’s perspective, this is a viable option that can be used by its citizens. 

However, it’s important to note that is only true when the products contain no more than 0.3% THC content. Anything above this number is deemed illegal. 

It’s also smart to realize that each state has a unique legal perspective when it comes to CBD oil. While most are okay with hemp-sourced CBD, you still need to carefully review regulations before making any purchases. 

Finally, remember: CBD oil is a powerful, organic substance that may produce effects in your body. This is why states are very careful about their CBD regulations. Still, in most cases, states do allow the sale and use of hemp-sourced CBD. 

Verifying CBD Suppliers

This is one of the most important factors associated with legal CBD oil.

There are thousands of suppliers on the market; not every marketer properly vets its CBD products. And that’s a problem since it means their CBD could be sourced from the wrong plants or have a higher THC content than is legally regulated. This is risky, and it’s something you need to be aware of when purchasing CBD. 

Even those who do offer transparency have less to offer than Tanasi, since they don’t include our patent-pending blend of CBD and CBDa, proven to be 2X more effective than hemp-extracts that contain CBD alone, even in combination with the rest of the spectrum of cannabinoids.

Don’t take risks when it comes to finding a quality CBD supplier. And don’t waste money on ineffective products. Instead, stick with Tanasi, your trusted source for high-quality CBD + CBDa products, formulated after years of scientific research and backed by our 30-day satisfaction guarantee!

Free Relief Stick Menthol Mini

Latest Posts

select product type

close icon Tanasi Rewards
Shopping cart
There are no products in the cart!

You're $75.00 away from
free shipping


30 Day Money Back Guarantee