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Is CBD Oil legal in the United States?

Is CBD Oil legal in the United States?

We live in a rapidly changing world. That’s something we’re all acutely aware of. One of those changes that has been heavy in the headlines in recent years is the legalization of marajuana for medical and recreational purposes. CBD, while coming from the marajuana plant is not the marajuana that may come to mind initially. Meaning, that CBD doesn’t get you high…. That is because cannabidiol (CBD) itself is absent of THC which is the compound in the marajuana plant that most likely comes to mind. That all being said, it makes this question of legality a little less black and white and a little more “wellllll, it depends”. As it stands, at this current moment, CBD oil is federally legal in the United States as long as it contains 0.3% THC or less. Now, you may be wondering, what on earth does that mean? 


CBD oil comes in multiple different forms. Full Spectrum, Broad Spectrum, and CBD Isolate. Each of these have different compositions, some of which, make them completely legal and others, illegal in some states. 


Full Spectrum CBD Oil - Contains all 113 cannabinoids within the marijuana plant, including THC (the only psychoactive cannabinoid). Full spectrum is easier to manufacture, because it can be emulsified, dissolved, and homogenized much more effectively - compared with an isolate. Since the isolate are difficult to dissolve in water containing media during manufacturing or consumption, they pose a risk of inconsistent delivery of active for consumers and patients alike. Full Spectrum CBD, as noted above, contains THC, therefor, is only legal in states where THC is legalized either medically or recreationally. 


Broad Spectrum CBD Oil - Contains only a few cannabinoids within the hemp or marijuana plant. More beneficial than an isolate. CBD in the presence of other plant constituents improves the dose-response in a standardized hemp extract, showing it is more potent and efficacious than pure CBD isolate. Various research groups have studied a range of physiological parameters, such as analgesic effects, and have concluded that the higher efficiency of plant extract can be explained by additive or synergistic interaction between CBD, terpenes, and the minor phytocannabinoids in the extracts. This is because other phytocannabinoids, including Tetrahydrocannabivarin, Cannabigerol, and Cannabichromene exert additional effects of therapeutic interest and the therapeutic synergy observed with plant extracts results in the requirement for a lower amount of active components. Broad Spectrum does not contain THC in most cases, however, you’ll want to verify with your provider that this is the case. You’ll also want to verify how much THC, if any, is in the oil. Most of the time, however, this type of CBD oil will fall into that category of less than 0.3% THC. 


CBD Isolate - Contains only 1 cannabinoid within the plant - CBD. CBD isolate has been used for various Investigational New Drug applications. GW Pharmaceuticals has an approval pending with Food and Drug administration for a drug with CBD as the active ingredient. Historically, the active ingredients in their purified form are not allowed in any consumer or drug product upon FDA-approval. Therefore, designing a product with purified CBD, will present a challenge for manufacturers, as it will soon be illegal to use. However, designing consumer products or supplements with full-spectrum hemp oil with up to 80% CBD and no THC provides a solution to those who would want a viable and legal supply of CBD raw material in the form of a botanical extract.


The bottom line here, what you’re really wondering, is are our products legal in the United States? YES. Fleur d’Henri uses only Broad Spectrum 0.0% THC products making them legal everywhere in the United States.  We utilize the entire marijuana plant, and remove ALL traces of THC. This means that we are utilizing all of the cannabinoids within the marijuana plant, except for THC.