Is CBD Without THC Legal?

Unclear legality issues continue to cast a shadow over the use of CBD products. We sometimes find customers are hesitant to use CBD because of its complicated links with THC. However, CBD and hemp are really just suffering from an image problem, having been historically lumped under the one umbrella of cannabis. Cannabis has unfortunately become synonymous with a single psychoactive compound—THC—even though the vast majority of the plant is benign. 

The difference between hemp, cannabis, CBD and THC

Cannabis has been cultivated by humans for at least 12,000 years and is one of the oldest medicinal plants on record. The cannabis family of plants encompasses three species: Cannabis sativa, indica and ruderalis. From these three plants, both legal and illegal compounds can be extracted. Cannabidiol or CBD is benign, whilst the psychoactive compound THC is considered illegal in many states. The difference – and critically, the legality – comes down to the percentage of THC in the actual extract itself. 

The chemical compound CBD is derived from hemp, and exists in tandem with THC, within the plant itself but in such a low amount it’s benign. The two compounds can also be accurately identified and separated, resulting in a safe CBD extract, without THC. 

This is the critical detail that can be easily overlooked by newcomers to the CBD debate. Cannabis with less than 0.3% THC is hemp – and hemp is not considered a controlled substance in the US as of December 20, 2018. On this date, the 2018 Farm Bill was introduced, loosening the shackles of the CBD industry and providing guidelines and regulations for reputable producers to follow.

What laws govern the use of CBD without THC?

The Agriculture Improvement Act of 2018 – more commonly referred to as the 2018 Farm Bill – concluded that hemp was no longer a controlled substance, however, its production and distribution on a state level must follow specific guidelines. 

These guidelines are listed in detail in our article penned by Anne van Leynseele of Zuber Lawler Law Firm. Anne is a cannabis regulatory and deal attorney, and a leading voice on cannabis political policy around the world. 

This information from Ms van Leynseele provides some clarity around the laws that are currently in play and touches on a possible loophole in the Farm Bill. This loophole potentially opens an avenue of interstate distribution that has sparked debate around the stated 0.3% THC limit. She proposes that: 

“As a result of the changes made by the 2018 Farm Bill, it is arguable that hemp products produced under a USDA or USDA-approved program are now no longer bound by the 0.3% THC limit as they previously were.”

This loophole makes it even more important to ensure you source CBD from a reputable source that provides test results and data, to ensure you are genuinely getting a CBD product without THC. 

You can read Anne van Leynseele’s full legal opinion on USDA 2018 Farm Bill here

Do BioCBD+ products contain THC? 

Due to the way cannabis plants naturally grow and breed, many CBD products can in fact contain small amounts of THC, making it critically important to buy your CBD supplements from a pure source with stringent testing and quality policies. That way, you can rest assured that you are buying a product that is tested to contain less than the 0.3% threshold level of THC. As we clarified earlier in this article, products under this threshold are classed as hemp – a non-classified and federally approved plant product.

BioCBD+ products are strictly made from hemp-derived CBD. This puts our range of CBD supplements well under the 0.3% THC threshold. 

We stand by the quality and purity of our products and publish our COA reports online for all our products, including Total Body Care, CBD Vape and Muscle and Joint Relief Oil. Choosing a CBD product from a reputable supplier like BioCBD+ means you can sleep easy knowing that your CBD does not contain THC. 

BioCBD+ is legal to sell & ship to all 50 states, check out our products here. 



James Sol Radina

About James Sol Radina

As CEO and Co-Founder of BioCBD Plus™, James Sol Radina brings years of experience and accumulated expertise from the CBD industry. His interest originated in early 2014, when James embarked on a major filmmaking project to travel and study CBD around the world. Together with a team of filmmakers, he sought out to interview top doctors, scientists, and researchers about CBD, which, at the time, was relatively lesser known, but was starting a buzz in the market. After seeing first-hand the results that CBD had in the patients and experts they filmed, James was “all in!” and his business pursuits began. James started BioCBD Plus™ in 2015, with the goal to fill a niche void that existed in the CBD industry. With the knowledge he gained through his study of CBD, combined with new scientific research, he created the world’s first water-soluble, 100% BioAvailable CBD. The proprietary formula is whole-plant based and more easily absorbable by the body than other CBD products on the market, and the company’s product suite has continued to expand following its demonstrated success. The strength of James’ passion for CBD is matched by his dedication to volunteer service. He incorporated a strong socially responsible model to BioCBD Plus™, which supports The Veterans Discount Program and other programs through donations of CBD products to those who cannot afford them. Since the start of the company, James has also continued to be the inspirational energy behind the company’s beliefs and marketing strategy, which are driven by his commitment to spreading the science-based truth about CBD and bringing the healing benefits of the product to as many people as possible.

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