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CBD Hemp Oil in Colorado: Is It Legal?

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30th Sep 2019




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With all of the current debates surrounding vaping, legal marijuana, and CBD oil sales, many dispensaries and small shops are hesitant to carry certain products on their shelves for fear of legal repercussions. Plus, since the laws vary from state to state, it can be overwhelming to determine what products are legal and where. CBD oil especially is only growing in popularity and is somewhat of a hotbed for controversy. That said, it’s important to understand the legality of CBD hemp oil, especially if you intend to either produce it or sell it. 

What is CBD hemp oil? 

CBD oil differs from traditional marijuana products in the sense that it doesn’t contain any THC, which is the psychoactive component of cannabis. CBD stands for cannabidiol and derives from a different part of the hemp plant than marijuana. Even outside of the dispensary industry, many markets have taken notice of the product and now carry the product. Even the grocery store Kroger now offers CBD products. While the larger companies may be able to navigate, say, California or Colorado CBD laws, smaller shops may need to tread carefully to avoid rough legal waters. 

CBD has many applications, though many of these are still undergoing rigorous clinical trials and testing. A significant amount of CBD users take the product in an effort to combat the symptoms of chronic pain. Since cannabidiol has anti-inflammatory properties, it’s been posited that CBD is effective for treating arthritis, muscle spasms, and other physical conditions. However, those aren’t the only potential uses of CBD. 

Many users have reported positive impacts when taking CBD for depression, anxiety, and even recurring seizures. Again, these claims are still being verified but clearly have attracted a swath of interested buyers. So, if you’re interested in selling a CBD hemp oil product or derivative, what’s the legal situation? 

CBD legality 

Nationally, CBD is a legal substance, under very strict conditions. Confusing, right? Primarily, the big concern with CBD is that it cannot contain any more than .3% of THC compound in the formula. This is because the high regulations surrounding the marijuana industry are almost all to do with THC. Since it’s a psychoactive, it alters the user’s mental state. Any CBD being sold, especially across state lines,should be rigorously sampled, tested, and re-tested to ensure it meets these standards. Otherwise, manufacturers, sellers, and marketers could find themselves in a massive pot of legal hot water. 

Unfortunately, just because conventional CBD hemp oil is legal nationally, there are still caveats from state to state. Sometimes, this comes down to local law enforcement being uninformed about the legality of the product. Other times, it has to do with buyers purchasing products and transporting them across state lines themselves which bears a different legal significance than when a major shipping label does so. This is why it’s of the utmost importance than buyers, sellers, and manufacturers know the law pretty well. For the latter two, it’s also important to investigate some form of legal counsel to make sure every single facet of their operation is by the books. 

While the public opinion of marijuana and hemp derivatives is trending to be more positive, there are still plenty of people who strongly oppose any form of legalization. 

If you’re a seller or manufacturer of CBD hemp oil, it’s important you do ample research to determine the legality of your business. If poring over large amounts of legal text sounds overwhelming, it’s in your best interest to consult with an experienced attorney that has a proven history of handling cases in the marijuana industry. It can save you a lot of time, money, and hassle down the road.