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Murky Rules on CBD OilUnclear regulation and hazy guidance from regulatory agencies have created a confusing mess regarding the legality of many hemp derivatives, including CBD oil.
Thus, the answer to the question "are CBD products legal?" is dependent on several factors. One major factor is geography - which state are you in when using CBD? Multiple states have legalized cannabis or marijuana use. In those states all cannabis and hemp derivatives are legal.
In states like Kentucky that have not legalized cannabis (marijuana), the answer gets a little tricky. Currently, there are CBD products on the market that are not legal in Kentucky. There are other products that are questionable -- depending on specifics like production techniques and raw material sourcing.
CBD In KentuckyIn Kentucky, it is legal to sell products created and derived from hemp. However, CBD products legal in Kentucky cannot exceed the legal limit of THC.
CBD is produced from hemp. Therefore, as long as the product you are using contains less the 0.3% THC limit, it is legal to use in the state of Kentucky. However, it is not always easy to know how much THC is present in a particular product.
Hemp Defined The term "hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
-- 2018 Farm Bill
Different Types of CBD Oil
CBD Isolate is considered the purest form of CBD, since it only contains CBD. This oil is produced with an extraction process to remove all other cannabinoids, leaving only pure CBD in the final product.
Full Spectrum CBD oil contains a full array of whatever cannabinoids were in the plant used in the extraction process, which may leave behind a certain amount of THC. It is possible that full spectrum CBD oil may contain more than 0.3% THC, making it illegal in Kentucky.
NOTE - It is possible since full spectrum CBD contains THC, that a drug screen would show positive for marijuana.
Broad Spectrum CBD
Broad Spectrum CBD oil is a product that falls between CBD isolate and full spectrum. Some of the cannabinoids are removed, but not all. The goal for broad spectrum is to remove only the THC. However, the processes used are not always successful. Therefore, like the full spectrum oil, the level of THC in the product may vary and may rise above the legal limit.
NOTE - Similar to full spectrum, broad spectrum CBD products may cause a positive drug screen for marijuana.
Delta 8 THC or Δ8THC – is produced by taking CBD isolate and introducing a catalyst to convert the CBD to Delta8. The process can create 4-20% Delta9 THC. Meaning that Delta8 THC can get you high, not as high as cannabis, it is thought to be approximately half as high.
NOTE - Even though Delta8 is available for sale in Kentucky is was deemed a Schedule I controlled substance in Kentucky on April 19st, 2021. Because it contains more than 0.3% THC, even though it is derived from hemp, it does not fall within the exception created for hemp because of its high THC levels.
NOTE – Delta8 THC will most likely show as a positive on drug screens for marijuana.
How to Select Legal CBD in Kentucky
It is important to get any CBD product you plan to use from a reputable provider. CBD Products Legal in Kentucky must come in under the legal limit of THC. The type of CBD and process used in making it can result in CBD that has higher-than-legal levels of THC, making it illegal to consume and possess in Kentucky.
Specifically, Delta8 THC has been deemed a Schedule I controlled substance in Kentucky, and is illegal to consume or possess.