was successfully added to your cart.

Why Is Hemp CBD Legal And “Not” Illegal?

By September 26, 2017 August 5th, 2018 Industry News

Looking At What The Legal System Actually Says About Hemp CBD

The language of the legal system is very VERY precise and has an objective of leaving ZERO room for misinterpretation. These high levels of precision can often lead to the “glazing” over of the eyes. Triggering the layman to quickly misunderstand necessary information. If you’ve not been taught lawyer talk, it’s almost an automatic impulse to blaze past the legal language, such as we find in the terms & conditions.

Let’s be honest with each other, how many times have you actually read the software agreement before QUICKLY checking that box and clicking accept? Do you agree to legal language before reading it? Most of the time? Is that a bad habit?

And the answer is, yes it is a bad habit! By NOT reading the technical legal things you agree too, you have instantly put yourself at a disadvantage. Not to worry, we have taken the hard work out of attempting to understand the technical jungle hemp CBD seems to be caught up in.

Without making your head hurt, let’s see if we can have a casual discussion to figure out once and for all, is hemp CBD oil legal?

As of now, the DEA (Drug Enforcement Agency) labels cannabis (marijuana) as a schedule I drug. Being a Schedule I drug means the substance in question has zero medical benefits, a high potential for abuse and lack of safety.

In the same breath, the DEA also blatantly admits that there have been zero reports of death due to overdose. The question of, is cannabis safe, is no longer a real question or concern for those who can take basic information at face value.

Is hemp CBD oil legal and what defense do we have?

Even though (marijuana) THC is illegal and on the controlled substance list, our hemp CBD (cannabidiol) is not illegal because it has been grown in a legal country, imported to the US legally, and the CBD has been extracted from the legal mature stalk of the hemp plant.

Marijuana has THC (tetrahydrocannabinol) in it, is on the schedule 1 controlled substances list, and so are the various other forms and structures the THC molecule can take. Since CBD is different and has its own shape, the DEA Control Number 7372 does not list it under the definition of THC.

A recent DEA listing update triggered a panic because a law office put out misinformation. Why We Can Relax About the DEA Update Regarding CBD. This has to do with how the medical people have to label CBD, it has NOTHING to do with the legality of the CBD molecule itself.

This is good news from a technical standpoint. The DEA is interested in controlling THC but not CBD? Does that make sense?

As it turns out, the DEA attempted to make ALL hemp products illegal. When the little idea came into the mind of the DEA, the hemp industry and the people who support it, decided to respond. There is no need to be afraid of the government when it comes time to stand up for what you believe in, like the HIA (Hemp Industry Association) has done and won.

A HUGE thank you goes to the individuals responsible for keeping the DEA from taking away our precious hemp plant. The final decision was made between HIA v. DEA, and they can NOT control or schedule any part of the hemp plant that does not fit the definition of marijuana. Even if the hemp has trace amounts of THC in it, the DEA can NOT place any controlling grip on it.

What is the definition of marijuana, as per the DEA?

Some parts of the cannabis sativa plant are, no doubt, illegal and are highly controlled. What is illegal is what falls under the definition of marijuana is a great question. As we first glance at how the US government both spells and defines “marihuana” we notice some interesting things.

Regardless of their still using propaganda spelling from the 1930’s, the real interest involves the specific parts of the cannabis plant that are considered to be “marihuana.” Marihuana includes the flowers, leaves, resin, seeds (capable of growing into marihuana); and any type of compound, mix, prepare, salt, etc.

US Government spells cannabis and legally defined it as “marihuana” and the above listed specific parts of the plant.

What definition is the actual legal system using to answer the question, is hemp CBD oil legal?

How is hemp finding a way to wiggle free from the control of the government? How is hemp CBD oil legal when there are these definitions and strict regulations?

If we go to the source of the law books and find what is being said, here in 21 U.S.C. 802 (16), we’ll notice a fascinating paragraph that excludes specific parts of cannabis from being “marihuana.” The particular part of cannabis that is NOT considered “marihuana” is the mature stalk.

The mature stem of cannabis sativa is not “marihuana,” nor are the fibers and oil. Any compound can be derived from the mature stalk, manufactured and derived and then mixed or prepared however we legally desire.

If the “mature stalks” of cannabis sativa are NOT “marihuana,” is hemp CBD oil legal if we are to utilize the CBD inside the mature stalks?

How could the answer be no? Is hemp CBD oil legal if we obtain this CBD oil from the mature stalk of cannabis sativa? As the “complex” legal language will specify, there should be no reason why anyone should have any concern about the legality of CBD.

Final Answer: Is hemp CBD oil legal?

CBD oil is only legal if the CBD oil abides by the following criteria:

  • Grown in a country where hemp is legal to grow.
  • Hemp has to be legally imported into the US.
  • CBD is taken ONLY from the mature stalks of “hemp.”

Our CBD from hemp is available in all 50 states and over 46 countries.

We get our organically grown hemp from Europe and have it imported legally into the United States. Once the hemp gets to the US, we process and manufacture our BioCBD+™ products. Once transformed into a product, you are legally able to transport them across state lines, take them through airport checkpoints, and you will NOT fail a drug test.

You can do all these things with BioCBD+™ because we have followed the strict guidelines the legal system asserts on us. We have successfully avoided falling under the STRICT definition of “marihuana,” and we intend to keep it that way.

All of our products are lab tested multiple times throughout the manufacturing process to maintain quality, potency, and purity. When you take our products, you know that you are getting a safe and efficient CBD product.




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.

don't show