If a state has legalized medical cannabis, it makes sense that it would legalize medical CBD. But, that’s not always the case. The contradictions and confusions come about for several reasons, which is why it’s always import to check CBD regulations by state to see if you can get the products you want where you’re at.

States Are Making Their Own CBD Laws

Those that believe CBD is legal in all 50 states, take the position that CBD isn’t a scheduled substance, according to the Federal Controlled Substances Act. But, they don’t realize that there’s a reason states have enacted individual medical CBD laws. The federal government’s definition of cannabis includes all of its parts, and CBD is one of those parts, so therein lies some of the problem.  

CBD is Illegal According to Federal Law

The DEA espouses that all CBD is illegal, in every state. It treats it as a prohibited schedule I drug, but there’s patchwork case and statutory law that clearly defines exceptions. These don’t leave a lot of room for states to work within, however, which is part of why CBD isn’t produced or sold in many parts of the country.

The Federal Government Says CBD Offers No Benefit

According to the Federal Controlled Substances Act, cannabis and its parts (including CBD) is a schedule I drug that “has no currently accepted medical use and a high potential for abuse.” This may seem crazy, but it’s law. Exceptions include CBD extracted from certain parts of the plant, such as the sterilized seed or the stalk. This doesn’t help much, because seeds don’t produce CBD, and the stalk contains minimal CBD that is usually unfit for human consumption due to chemical extraction processes.

The primary reason many states’ dispensaries don’t offer medical CBD is because federal law has made it illegal to grow cannabis. And, if you can’t grow it, you can’t obtain the CBD from it. Although, we know, many dispensaries do anyway, this gray area has made it a hit or miss situation. For patients in Southern California, Green Door West is a cannabis delivery company that does offer CBD. We get many customers looking for “weed delivery near me” who want organic, vegan and top-quality CBD products, and we’re able to deliver.