There are many discussions surrounding CBD’s legal status. While this natural and non-intoxicating substance is legal under federal laws, some states place various restrictions on its use. They can range from introducing an age limit to prohibiting the sale of CBD-based products across the whole state.
This leaves many people confused when trying to answer important questions such as “How old do you have to be to buy CBD?” and “Do you have to be 21 to buy CBD?”.
Sometimes, making a clear distinction between CBD that’s been derived from marijuana and the products made from hemp can also be quite challenging, which only adds to the confusion. People often use these terms interchangeably, which is a mistake, and have little idea when it comes to how the law regulates these substances.
To clear any confusion, this article aims to explain the age limits regarding CBD, the differences between hemp and marijuana-derived products, as well as various CBD laws. Let’s dive right into the subject.
Is CBD Legal?
Currently, Epidiolex is the only CBD-based drug approved by the US Food and Drug Administration (FDA). It’s a medication used to treat Lennox-Gastaut syndrome (LGS) and Dravet syndrome (DS), which are both forms of epilepsy.
Even though CBD has already been studied, more research is still needed. As scientists and researchers continue to study this substance, it’s likely that the FDA will green-light more CBD-based medications in the future. Still, even though many people praise CBD for its reported benefits, the vast majority of the evidence is anecdotal.
So, the legal status of different CBD products, whether it’s a CBD athletic cream or broad-spectrum CBD oil, depends on two primary factors: the local laws in your area and the exact type.
CBD Laws
The signing of the 2018 Farm Bill made all hemp-derived CBD products federally legal. According to the bill, hemp is no longer a controlled substance, meaning more people can purchase products containing it with no issues. Since the passing of the Farm Bill, CBD’s popularity has increased significantly and is only expected to continue growing in the future.
Furthermore, the 2018 Farm Bill allows for growing, selling, and purchasing industrial hemp. However, if you live in a state where the local laws prohibit it, you’re obliged to obey them. Each of the 50 US states has different laws in place regarding CBD.
These regulations may refer to issues such as limits for the amount of CBD one person can possess, age limits for buying CBD-based products, or types of places that are allowed to sell CBD. This means that the best and virtually only way to ensure that the CBD product you want to use is legal is to check your local laws.
Hemp-Derived and Marijuana-Derived CBD
The source of your CBD products has a significant meaning regarding their legal status. Even though the 2018 Farm Bill made hemp-derived CBD products legal, the same doesn’t apply to marijuana-derived CBD.
This may cause some confusion. After all, both hemp and marijuana are cannabis plants. However, they have different compositions. Hemp contains only trace amounts of Delta-9 THC, which is the chemical responsible for the intoxicating effects. On the other hand, the THC levels in the marijuana plant are much higher. Hence, it’s limited by federal law.
All CBD products that are legal on the federal level cannot contain more than 0.3% THC.
Do You Have to Be 21 to Buy CBD?
The minimum age required to buy CBD products depends on the form of CBD you want to buy, the state you’re in, and the particular store you want to buy it from.
In general, you need to be 18 or older to buy CBD, but in some cases, you have to be 21.
For instance, if you go to a brick-and-mortar CBD store in a state where this substance is legal, the employees may ask you to verify whether you’re 18. Reputable online retailers also ask this question to everyone who visits their websites, usually with the help of a pop-up message.
However, if you want to buy cannabis-derived CBD in a recreational dispensary, you’ll likely need to be 21. On top of that, marijuana-selling dispensaries may have additional requirements in place intended to ensure that no one buys their products illegally.
In 2022, Idaho and Nebraska are the two states with interesting views on CBD.
In Idaho, hemp-derived CBD oil is legal, but you can purchase products based on CBD isolate. You can buy CBD in this state as long as it contains precisely zero THC, which makes this requirement different from the 0.3% THC mentioned in the Farm Bill.
In Nebraska, CBD is technically illegal, but in practice, CBD products sold in Nebraska must contain less than 0.3% THC, be derived from hemp, and follow strict manufacturing, testing, and delivery rules.
Can You Give CBD to Children?
Since hemp-derived full-spectrum CBD products can contain up to 0.3% THC, and broad-spectrum CBD can contain trace amounts of THC, it’s best to avoid giving such products to children. If you still want to give your kids some CBD gummies or let them try CBD softgels, you should choose products that are made with CBD isolate.
The situation looks entirely different when it comes to marijuana-derived CBD, as you need to meet a few requirements before you can give it to minors. First, your kids have to be enrolled in the medical marijuana program in your state. To enter the program, they need to be diagnosed with a medical condition listed by your state. Finally, their CBD consumption has to be controlled by the parents or legal guardians of the child.
Without meeting these requirements, you won’t be able to purchase marijuana-derived CBD for your child.
Does CBD Have Any Side Effects?
Even though CBD is generally considered a safe substance, it may cause some side effects. The most common side effects of CBD include the following:
- fatigue,
- drowsiness,
- diarrhea,
- dry mouth,
- nausea,
- reduced appetite.
If you experience any of the issues mentioned above, refrain from taking any more CBD. If the side effects don’t go away on their own after 24 hours, consider contacting a doctor.
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