CBD in the United States

Confusion over regulation at a federal level continues in the US

CBD and hemp regulation across the US remains something of a mixed bag, with different states applying their interpretations of the 2018 US Farm Bill at different rates and in different ways. The federal Hemp Farming Act of 2018 (Farm Bill) removed industrial hemp from Schedule 1 of the federal Controlled Substances Act. Once the Farm Bill was enacted, states and Indian tribes that wanted to regulate hemp themselves had to submit a state plan to the US Department of Agriculture (USDA).

Regulation of CBD at the federal level remains confusingly divided between multiple agencies. Three main bodies have overall control of most aspects of hemp and CBD consumer product regulation. The USDA controls much of the initial stages – regulating issues such as farming and harvesting. The US Food and Drug Administration (FDA) controls much of the latter stages, having purview over CBD end products. And hovering over the entire process remains the Drug Enforcement Administration (DEA) which takes control of any aspect where THC content goes above 0.3% – as they are now considered cannabis and thus a narcotic drug under US legal definitions. Meanwhile, at state level, more and more states are legalising both medical and recreational cannabis.