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Understanding the Legality of CBD

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CBD, also known as cannabidiol, is thought to have a number of health benefits. From pain management and sleep help to feeling better and relaxation, CBD may be able to help users with some of life’s struggles. However, the herb is still undergoing research and there is not enough evidence to support any claims.

CBD works by interacting with the endocannabinoid system in the body. The endocannabinoid system has three major components, including receptors, enzymes, and endocannabinoids. CBD may interact with these components to produce various effects based on body composition or dose levels. If you’re interested in taking CBD, knowing the legality of the herb may significantly impact your decision.

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The 2018 Farm Bill

In 2018, Congress passed the Farm Bill which legalized the production and sale of hemp in all 50 states, as long as the THC content is under 0.3%. The Bill “explicitly allows the transfer of hemp-derived products across state lines for commercial or other purposes”1, allowing for widespread growing and cultivation. 

However, the legality of CBD and other hemp products is not as black and white and it may seem. While the 2018 Farm Bill did legalize hemp and hemp byproducts, each state has its own views on the plant, and the Bill itself places restrictions on it as well. 

    • Restriction 1: Section 10113 of the 2018 Farm Bill specifically states that all hemp and hemp-derived products must contain 0.3% or less of THC, which is the chemical associated with the marijuana “high”.
    • Restriction 2: Section 10113 of the Farm Bill says that state departments of agriculture have to consult with their governors and law enforcement officers to draft a plan and submit it to the USDA.
    • Restriction 3: The Farm Bill also describes what counts as a violation of federal hemp law, possible punishments, how to become compliant, and possible felonies. For example, growing hemp without a license or growing cannabis plants with more than 0.3% THC in them would be considered acts against the law.


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Traveling With CBD

If you are someone who travels, you may experience some common side effects such as anxiety, motion sickness, fatigue, and more. Luckily, CBD is easy to take and could help with some of these issues. At NuWave Botanicals, we have many options for CBD on the go, from gummies to tinctures and more.

You’ve probably heard about the potential benefits of taking CBD. This cannabinoid has been on the rise lately due to its legalization and mildness, with many users claiming it has helped them in numerous ways. CBD might even be able to help with travel-related issues. However, knowing the legality of traveling between states or even countries is crucial to your success.

  • “TSA guidelines as of January 2020 specifically state that consumers [may] travel with CBD products as long as they contain no more than 0.3 percent THC on a dry weight basis, or that are approved by the FDA.”2. Keep in mind that liquids such as CBD oils must also fall within TSA size guidelines.
  • When traveling with CBD, it is important to check the regulations of your destination state or country to decide whether it is worth the trouble or not. In most states, having your CBD on you will probably be fine. However, countries outside of the USA have vastly different rules, so make sure you check before you fly.

States You May Purchase CBD In

CBD is federally legal, but that doesn’t always mean that every state allows the production or sale of the cannabinoid. In Idaho, for example, CBD products are fully illegal under all circumstances3. In Kansas, only industrial use of hemp is allowed; no products intended for human consumption are allowed. Check with your local state guidelines to see specific rules and regulations regarding CBD sales and production.

Growing CBD Plants

If you’re considering your own crop of hemp, there are even more rules and regulations you must follow. The 2018 Farm Bill legalized the production of hemp in agriculture, but this does not mean that just anyone may grow a hemp plant legally. Only those with licenses to grow hemp may produce their own crops, and getting one may be difficult. However, there are some more relaxed states where producing hemp is more simple.

Things to Consider:

  • A hemp crop may accidentally produce marijuana. It may sound fantastical, but in reality, marijuana plants may grow in the wild and produce pollen. If pollen from a wild marijuana plant mixes with a hemp crop, it may pollinate and turn into marijuana. A pollinated hemp crop-turned-marijuana is illegal to grow.
  • There are eleven states where both hemp and marijuana are legal to grow: Alaska, California, Colorado, Massachusetts, Illinois, Maine, Michigan, Nevada, Vermont, Washington, and Oregon.
  • In thirty-three states, hemp for medical purposes is legal. Rules and restrictions for growing vary, however, depending on the state.
  • When deciding where to grow hemp, take into account two important factors: climate and legality. The climate of the state you choose to grow in will obviously affect your crops. However, the perfect climate may be in a state where hemp restrictions are too great to justify the effort. States like Kentucky4, for example, have been leading the way for research, hemp farming, and legislation.

The NuWave Difference

At NuWave Botanicals, we want to help make CBD more accessible to those who need it. Based in Colorado, NuWave Botanicals only carries the highest-quality powders, capsules, and other products. We are proud of our top-notch customer service and incredible products! If you have any questions, give us a call at (866) 420-5728 ext 100, or send us an email at chris@nuwavebotanicals.com. We look forward to hearing from you.


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