CBD Oil, Laws & Regulations

Are CBD Gummies Legal? Congress Legalizes CBD 2019

Not sure if your favorite CBD gummies are legal? Find out if hemp infused candy could get you in trouble and learn about new CBD laws that could change everything by the end of 2019.

CBD Gummies for Pain, Stress, & Sleep 

If you’re wondering whether CBD gummies are legal or not then you’re not alone. There’s been a lot of confusion surrounding hemp and CBD lately. 

Could your CBD gummies be illegal contraband? The answer is, no, your gummies aren’t illegal. Today we’re going to set the record straight about CBD hemp and marijuana and answer all your questions on the topic.

This article will help clear the smoke around the compound’s legal status to get you up-to-date on the federal laws and regulations on CBD. Finally, you can enjoy your gummies in peace. Read on to learn more.

CBD Gummies Legal, or Not

In 2014, the hemp industry floodgates opened up in the U.S. and the industry has only been gaining strength ever since. People using CBD to treat things like pain, seizures, cancer and more say it’s a miracle drug. But, do the FDA and DEA agree?

Let’s go back for a moment to four years ago to get caught up. It was the Obama era farm bill that first granted universities and scientific institutions the chance to conduct hemp pilot studies for research purposes.

Several of these programs were approved, but what’s greater is the legislation’s wording created a legal loophole. This allowed CBD products to begin being bought and sold legally in all 50 states.

Infused gummies, tinctures, and CBD oil quickly began to line health store shelves and e-commerce shops around the country. By this time at the state level, cannabidiol had already been gaining momentum for its beneficial effects on child epileptic seizures and Parkinson’s disease.

Today, a growing number of states have approved CBD as a recommended treatment in a number of severe and chronic illnesses and over two dozen states have already written clear laws regulating the substance.

However, with little consumer education of the industry, it’s been kind of a hit and miss situation for buyers and caregivers. People aren’t sure if the CBD in their gummies comes from marijuana or hemp extract, if it will make them high, or even if it’s safe to use.

Does CBD Come From Hemp or Marijuana

CBD Hemp Temple
CBD Hemp Temple

First off, CBD is non-intoxicating and isn’t associated with the same “high” that you get from marijuana. Studies show that CBD is incredibly safe, even in high dosages, and that it may even prevent and counter the effects of THC from marijuana.

So, how can you tell if the CBD in your gummies is derived from hemp or marijuana? This is where a lot of us get confused, but here we’re going to make it simple.

Both hemp and marijuana are simply two different types of the same plant, called cannabis. It’s similar to having two different varieties of tomatoes, except in this case one tomato could get you stoned and the other not.

THC, or Delta-9 Tetrahydrocannabinol, is the main psychoactive component in marijuana. In short, it’s the compound that causes the euphoria, forgetfulness, and other effects associated with marijuana use.

Hemp, however, is different than marijuana because it produces little to no THC. Not all hemp is created equally though. Let’s take a quick look at the different types of hemp before getting into the new CBD bill currently being negotiated in Congress.

CBD-Rich Hemp vs. Industrial Hemp

Hemp can be classified into two categories, CBD-rich hemp, and industrial hemp. Industrial hemp is used to produce over 25,000 different products including biodegradable plastics, construction materials, food, fuel, and more.

Industrial hemp is grown mainly for its fibrous stalk and nutritious seeds. And although it’s an incredibly versatile plant, this kind of hemp isn’t exactly a viable source for CBD extract.

That’s because CBD and other beneficial compounds in hemp and cannabis, called cannabinoids, are produced primarily in the mature flowers of the plant, not in the stalk or leaves. Unlike industrial hemp, however, CBD-rich hemp is grown for its resinous flowers, which is where the plant’s therapeutic compounds are produced.

Hemp grown for its flowers looks exactly like marijuana, and this is one of the reasons that many people are so confused about the difference. It’s the same plant really, just with a different cannabinoid profile.

The THC Limit Law

Once cannabis growers realized the potential that CBD has in treating many chronic illnesses, they went to work fast at trying to produce new ultra high-CBD hemp varieties, such as AC/DC and Charlotte’s Web.

For decades now medical cannabis producers have been cultivating new types of hemp, called strains, which are high in CBD and low in THC. High CBD-hemp strains are bred to have large concentrations of CBD, terpenes, and beneficial secondary cannabinoids, while producing nearly zero THC content.

In order for farmers to legally grow hemp, regardless whether of what it’s used for, they’re required to use seeds or starters that are certified to produce no more than 0.3% THC.

The 0.3% THC level law isn’t really based on any scientific evidence. For all intents and purposes, it’s an arbitrary level assigned by lawmakers to make a legal distinction between marijuana and hemp.

To make it sure it’s clear – Any CBD product with THC content higher than the permitted levels is considered marijuana, which still considered a schedule 1 drug according to the Controlled Substances Act.

Hemp Legalized on the Federal Level in 2018

In reality, there is still much controversy surrounding the industry. States that continue hemp and cannabis prohibition are putting a large damper on the industries progression at reforming age antiquated policies governing the plant.

As the 2014 Farm Bill approached it coming expiration date in late 2018, the Department of Agriculture awaited direction from Congress on the new farm bill’s policies.

It was clear that new federal hemp regulations will be included in the legislation, but what wasn’t clear is if Congress was going to extend the old farm bill while they continue working out the kinks of the new one.

Nine Senators make up the federal side of negotiating the farm bill with party leader Senator Mitch McConnell (KY) leading the helm.

Wednesday, September 12th the Senate and the House held the first conference committee meeting of the 2018 Farm Bill, which is an effort to blend draft bills from both sides to ultimately send a final piece of legislation to President Trump for signing.

Not one member of Congress spoke against the Hemp Farming Act and three Republicans spoke in favor of the bill. Senator McConnell mentioned the hemp bill Wednesday by saying,

I cant remember the last time I appointed myself to a conference Its no secret Im particularly excited about the parts of the Senate-passed bill that concern industrial hemp.”                                

Sen. Mitch McConnell

McConnell suggested that there is now a national consensus that hemp deserves a comeback, mentioning the work of Rep. James Comer, who established Kentucky’s pilot hemp farming program.

Another Senator, Rep. Bob Goodlatte from Virginia, who is also the House Judiciary Committee Chairman called hemp “a very important crop. Adding – “[hemp] is clearly distinguishable from its cousin.

The 2018 Farm Bill was passed into law after a brief extension of the previous one, and it included the 2018 Hemp Farming Act, which essentially removed CBD and Hemp from the legal definition of marijuana. 

This effectively rendered the DEA’s authority over enforcing any CBD or Hemp prohibition toothless. Congress and regulators are currently writing new rules and regulations in regards to the legal CBD derived from Hemp at the national level. 

CBD Hemp Temple

Benefits of Using CBD

All of the politics surrounding hemp and CBD stands on the shoulders of its therapeutic benefits. Many thousands of people are documenting their treatment and use of CBD, reporting astounding transformations in their health.

Furthermore, there’s an enormous mounting body of scientific evidence supporting cannabis extract therapy as beneficial in the treatment of many different health conditions including,

  • Chronic pain & inflammation
  • Neuropathic pain
  • Stress & Anxiety disorders
  • Obesity & Type II Diabetes
  • Liver disease
  • Cancers
  • Hypertension
  • Muscle spasms & cramps
  • Epileptic seizures
  • Crohn’s disease & Colitis
  • PTSD
  • And many more

Scientists are studying CBD’s effects on many severe and chronic conditions, with new formulations being considered regularly by the FDA for prescription medicines. Epidiolex made history recently as the first botanical CBD extract to be FDA approved for the treatment of certain types of seizures.

CBD has also been shown to provide beneficial effects on many of the body’s functions in balancing daily health and wellness such as,

  • Sleep and wake regulation
  • Appetite & metabolism
  • Focus & concentration
  • Low-grade chronic inflammation
  • Headaches & migraines
  • Stress-response
  • Pain-relief

Back to the Gummies though. The effectiveness of your CBD gummies depends on the potency and dosage you take, as well as your body weight and the severity of your symptoms.

It’s suggested to start in small dosages, such as 1mg per ten pounds of body weight twice per day, and increase only after observing the effect CBD has on you. Each person has a unique endocannabinoid system and responds to cannabinoids differently according to genetics, environment, and even personality.


To treat medical conditions it’s always best to consult a doctor or physician first. You can learn more about CBD’s benefits and uses in our other articles linked below.

So, go enjoy your gummies and get the legal CBD relief you need and return to what matters in life. Thanks for reading and be sure to bookmark our site so you always just a click away! If you’ve enjoyed this content then feel free to share it with friends and family who may also find it helpful.

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