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cbd tincture law

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The defining difference between hemp and marijuana is their psychoactive component: tetrahydrocannabinol, or THC. Hemp has 0.3% or less THC, meaning hemp-derived products don’t contain enough THC to create the “high” traditionally associated with marijuana.

While the terms “CBD tincture” and “CBD oil” are often used interchangeably, the two are actually different. Tinctures are made by soaking cannabis in alcohol, while oils are made by suspending CBD in a carrier oil, like olive or coconut oil.


Brandon McFadden receives funding from U.S. Department of Agriculture.

While 67% of U.S. adults support marijuana legalization, public knowledge about cannabis is low. A third of Americans think hemp and marijuana are the same thing, according to the National Institutes of Health, and many people still search Google to find out whether cannabidiol – a cannabis derivative known as CBD – will get them high, as marijuana does.

CBD comes in food, tinctures and oils, just to name a few. Here are some commonly used terms used to describe CBD products in the store.

Yes, and no, depending on what state you live in. Even in states where cannabidiol (CBD) is legal, the newly popular compound is still regulated. CBD is legal depending on a multitude of factors: state law, how each state interprets federal law, how much THC is in the product, whether legislation regarding CBD has been passed, and to what type of product it’s been added.

There are federal protections for the cross-state transportation of hemp CBD products. These protections do not apply to CBD products derived from marijuana.

What is CBD?

Kroger grocery stores joined retailers CVS and Walgreens in selling CBD topical products in some states. Because laws and, therefore, retail policies can change, check with the retailers to see if CBD products are available in your state.

In an executive memorandum issued on May 28, 2019, the USDA clarified that 2018 Farm Bill provisions ensure cross-state transportation under a provision ensuring the “free flow of hemp in interstate commerce.”

While CBD oil and hemp seed oil are either low in THC or THC-free, there’s a big difference in the amount of CBD these products contain. Hemp seed oil has only traces of CBD, while hemp flower oil has a much higher concentration.