Yes, CBD products are legal in the United States. No, the DEA does not pursue them.

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This week, the Drug Enforcement Agency (DEA) clarifies incredibly important details about the legality of CBD. In an internal directive to all staff members, the DEA confirmed that products and materials containing cannabinoids are not controlled substances and should not be pursued by agents. After receiving many inquiries regarding the legality of CBD the DEA responded to clarify their stance.

The notice explained that lawful CBD products, including hemp-based products, are not prohibited or restricted under the Controlled Substances Act (CSA), stating the following:


Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana (such as sterilized seeds, oil or cake made from the seeds, and mature stalks) are not controlled under the CSA…Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations.


The notice also goes on to clarify that CBD products may also be legally imported into the United States:


Accordingly, any product that the U.S. Customs and Border Protection determines to be made from the cannabis plant but which falls outside the CSA definition of marijuana may be imported into the United States without restriction under the Controlled Substances Import and Export Act.


Up until this release, many people had been confused about the legality of CBD. While federal codes and bills had already affirmed the legality of CBD, some found these laws difficult to interpret due to the widespread misunderstanding and conflation of CBD and THC, the psychoactive ingredient in marijuana. The DEA’s recent statement settles these misconceptions once and for all. They are making it clear that products containing CBD are, in fact, legal and unrestricted—so long as they do not contain any TCH or other controlled substances.


The internal directive confirms that because Creating Better Days products are produced from the aerial parts of the hemp plant and compliant to industrial hemp requirements, they are 50 state legal and do not fall under the CSA.


Another Breakthrough For CBD


The recent years have been evolving to a pivotal time for large organizations accepting the benefits that CBD has to offer, including great strides from the World Anti-Doping Agency (WADA) and the World Health Organization (WHO)


The World Anti-Doping Agency (WADA) removed cannabidiol from its list of banned substances in early 2018. WADA, which governs drug testing in over 660 sports organizations, such as the Olympics, also sets the standard for anti-doping guidelines in many sports leagues, like the Ultimate Fighting Championship (UFC) and others around the world. CBD as an alternative remedy for inflammation and sports recovery provides a natural option for many athletes.


The WADA approval of CBD followed the World Health Organization reporting findings that naturally occurring CBD is safe and well tolerated in humans (and animals), and is not associated with any negative public health effects. A division of the World Health Organization declared CBD oil to be safe, with many potential benefits, and recommended that it should remain fully legal. The recommendations came in a report from the Expert Committee on Drug Dependence (ECDD), which advises the global body on how to handle various substances that could be addictive or otherwise harmful.