Before getting into this business we looked into the legal status of CBD and found that there is a lot of confusion around this question. This is what we've learned...
Yes! The 2018 Farm Bill set a statute that legalized the hemp plant (Cannabis sativa) as long as it contained no more than 0.3% of THC. Now, all parts of the hemp plant are federally legal to grow and utilize for commerce.
At the state level, federal law supersedes state law per the constitution. From a regulations perspective, these products are regulated assupplements .
Just prior the 2018 Farm Bill: We had to spend quite some time trying to figure this out ourselves given the complexity of the question. First it is important to make the distinction between CBD derived from Hemp VS Marijuana. Under federal law, “hemp” is defined as Cannabis sativa plants with less than 0.3 percent THC. Anything with more is “marijuana.” The 2014 Farm Bill effectively made cultivation of hemp legal, but the DEA's scheduling of the plant created ambiguity. There have been further rulings, for example, a Ninth Circuit Court ruled that the DEA could not list hemp-based products under the Controlled Substances Act, thus upholding the 2014 Farm Bill legislation. The 2018 Farm Bill will officially remove Hemp from the Controlled Substances Act and eliminate any legal ambiguity.