Is CBD Even Legal? This Is What You Need to Know Before Stocking Up

In 2018, the FDA declared that hemp, the plant from which CBD is derived, was no longer an illegal substance. (Cannabis containing more THC than hemp—meaning above 0.3 percent—is still federally illegal.) This newly legal status is why you can find CBD products of all types in brick-and-mortar stores and online. That same year, the agency approved the CBD-based drug Epidiolex for the treatment of two severe forms of epilepsy.

The FDA has issued strict guidelines regulating CBD, and last November, the agency warned 15 companies selling CBD products that they were in violation. What are some potential violations? Marketing a product as a dietary supplement, touting a health benefit or therapeutic use, or claiming a product is suitable for kids. The FDA also prohibits adding CBD to food, saying the ingredient hasn’t been proven safe for consumption by humans or pets. In March, the FDA released a statement reiterating that it has not assessed the efficacy or safety of any CBD product, besides Epidiolex, and calling for “reliable and high-quality data” on CBD from researchers.

Maybe all this haziness explains why my new life insurance carrier gave me a hard time after I revealed that I take CBD regularly. During my yearly physical, I listed it along with my allergy medication and birth control pills. No big deal, right? I thought so—until I got a phone call a few days later. The insurance rep asked why I took CBD, how much I took, what prompted me to take it, whether I’d ever used marijuana or other illegal drugs, whether I felt I was dependent on CBD…it was kinda scary, to be honest. I was worried I’d jeopardized my chance of getting life insurance. Luckily, I got approved, but the exchange told me there is still a lot of doubt about CBD out there, even among medical experts.

The Science Behind CBD

Until 2018, not even hemp—which contains less than 0.3 percent THC—was legal. As a result, U.S. researchers found it extremely difficult to conduct large-scale, randomized, placebo-controlled studies of CBD, Gruber says. But the existing research shows that CBD—short for cannabidiol, an extract from cannabis plants, such as hemp—plays a role in improving sleep and reducing anxiety and pain. “Some studies looked at small samples, but they are promising,” Gruber notes. In the near future, expect to see more comprehensive research, she adds. Here’s what experts currently know for sure.