How Is Hemp Oil A Legal Source of CBD?
Thanks to a federal exemption to the definition of “marijuana,” hemp products are available in stores around the country. The mature stalks, fiber, oil, and any other preparation of the Cannabis sativa L. plant are explicitly exempt from classification as marijuana. Under this exception, industrial hemp products, including hemp oil high in cannabidiol (or ^CBD), are legal in the United States.
^CBD rich oil derived from marijuana, which is high in THC, is considered a Schedule 1 drug. These illegal substances are completely unrelated to our products.
Our hemp products are considered food or dietary supplements. The ^CBD found in our products is a natural constituent of industrial hemp oil and is not synthetic or artificial. Therefore, our naturally derived, industrial hemp-based ^CBD is exempt from Schedule 1 just as any other constituent of non-psychoactive industrial hemp.
Hemp Industries Assn., v. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004): “…non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant …fits within the plainly states exception to the CSA definition of marijuana.” (Id. At 1017.)
“The term ‘marijuana’ means all parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative,mixture, or preparation of such lant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.” [Emphasis ours]
^Cannabidiol (or CBD) is a natural constituent of hemp oil