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What You Need to Know: Is CBD Oil Legal in California?

Posted on July 23rd, 2020

There are a lot of questions surrounding CBD’s legality of CBD because it’s a cannabis plant extract. As a result, cannabidiol (CBD) is often tied to tetrahydrocannabinol (THC) a different cannabis extract, even though the two are entirely separate cannabinoids.

Of course, they are closely related extracts, in that both cannabinoids may offer relief from many chronic conditions. But their biggest difference is this: THC produces psychoactive effects. CBD doesn’t. Still, many people hesitate from experiencing CBD’s potential effects on stress, joint pain, and other issues. Why? They’re worried about getting in trouble with law enforcement.

Now, here’s the good news for residents of The Golden State: CBD oil is, in fact, legal in California. And, today, we’ll explore all the ins and outs of legal CBD oil use in California.

Is CBD Oil Legal in California?

The short answer is yes, CBD oil is absolutely legal in the state of California. In fact, any kind of CBD is considered legal in the state, even particularly THC-dominant blends that would be considered illegal in other states. The one potential issue is that, just like alcohol and tobacco products, there is an age limit on CBD use. You must be 21 years old or older in order to purchase CBD oil legally in California

No one should be too surprised by this. California is renowned for its extremely liberal medical marijuana laws. And they were relaxing restrictions over a decade before marijuana legalization became a mainstream movement. Since hemp-derived CBD is derived from a low THC-strain of cannabis, and since all types of marijuana are legal in California anyway, it makes sense that California would be fully on board with the use of CBD oil.

CBD Use Is Legal in California

According to federal law, CBD use is legal, while marijuana use is not. And, while every state regulates CBD use differently, in California it is legal to use CBD oil as long as you are 21 or older.

You do not need a special prescription from a doctor, physician, or other clinical healers in order to legally use this cannabinoid. Basically, in California, CBD is treated a lot like aspirin or other non-prescription medicine. The only real difference is the age restriction.

CBD is legal thanks to the 2018 Farm Bill that indicated cannabis products with a THC measurement of 0.3% or less would be considered legal by federal standards . Now, since federal law is typically less progressive than California laws, and the state has fully decriminalized the use, growth, and sale of marijuana, it’s likely that CBD is going to stay legal for the long haul.

As of this writing, state regulations indicate that CBD is legal for recreational use, so long as it’s not infused in food. As such, food laced with CBD has not been approved by the FDA or the state of California.

CBD vs. Marijuana

CBD products come from cannabis plants, which means they can be derived from marijuana or hemp plants. The main differentiation between these two varieties is their THC concentration: marijuana plants have concentrations higher than 0.3% THC; hemp plants have THC concentrations below that threshold. And they typically carry much higher CBD concentrations.

As a result, hemp-derived CBD offers a way to enjoy the healing benefits of cannabis without any psychoactive effects. This is part of the reason why CBD oil is widely available in many states, even those where smoking marijuana is still considered illegal.

There is a major difference between these substances both in how they affect individuals as well as how they are viewed legally, even though, in the state of California both CBD and THC have the legal green light.

Are There Any CBD Restrictions in California?

Lucky you: there are very few. You can legally buy CBD anywhere in the state, with or without a prescription. You just need to be 21 years of age or older. Otherwise from the buying side, that’s about the only restriction. In fact, at this point, there are no limits on how much you can buy, own, or carry at any given time.

Farming hemp for commercial uses is also legal, but it is overseen by the California Department of Food & Agriculture. So if you’re looking to grow and harvest hemp to create your own CBD, or to sell CBD products, you will need to register with the agricultural commissioner or your county before you grow and cultivate a crop of hemp. Applications are normally available but the annual registration fee is $900 .

There are stricter rules when it comes to labeling cannabis products. Basically, you need to make the following information readily available:

  • Origin of the CBD products
  • Expiration dates
  • Specific amounts of CBD (and THC) in the mixture
  • Full ingredient list

You will need to test your cannabis for THC concentration in accordance with state laws.

What Can CBD Oil Be Used for?

This is one of those questions that still hits a lot of gray areas. Basically, manufacturers of CBD oil can’t make claims that haven’t been approved by the FDA. So, regardless of how many different scientific studies suggest CBD oil benefits, producers are barred from legally discussing many of these benefits.

Still, since you don’t need a prescription for CBD oil, you can take it for any reason you want. From individual personal accounts, we’ve seen people strongly advocate that CBD oil helps relieve symptoms of anxiety and stress, while many others like it for perceived relief in joint aches or stiffness.

A little bit of research online will give you an idea of what CBD oil can be used for. The main thing to understand is that legally, many producers can’t list every suggested CBD use.

What Is the Best Way to Buy Legal CBD?

CBD can be bought throughout the state of California at stores or online. CBD is easy to find in-state as it is not reserved for dispensary sales. This is why, in California, you can find CBD oil in grocery stores, gas stations, specialty stores, normal convenience stores, as well as tons of small business websites that will make the CBD oil and ship it to you directly.

What About Cultivating Hemp for CBD?

The rules above apply if you plan on selling any type of CBD. On the other hand, if you want to produce CBD for personal use, you are allowed to grow your own hemp and produce your own CBD oil. As long as you don’t sell your product.

Laws on this may vary based on agricultural restrictions from year to year, so talking to your country agricultural specialist is always a good idea before growing hemp.

Are There Any Legal “Gray Areas”?

Generally, the CBD buying rules are fairly straight forward in the state of California.

Any gray areas would come once you were producing CBD oil for sale, or possibly even for yourself. At that point, you will face some limitations or regulations. But these are hardly gray areas, as the answers on what’s allowed tend to be cut and dry. You just may need a little bit of guidance to get you to the right information.

Is CBD Oil Right for You?

Only you can make that decision. CBD oil is not the same as medical marijuana, although both come from cannabis plants. There will be no “getting high” effect from CBD oil. This is a product that is considered scientifically backed by some, and a natural alternative supplement by others. So, if you want to buy and use CBD, just do your research, decide if it’s right for you, and know that it’s legal to buy in California.

Here’s the good news for residents of The Golden State: CBD oil is legal in California. Let's explore the ins and outs of legal CBD oil use in California.

Is CBD Oil Legal in California : Where to buy CBD Near Me?

Many make the assumption that since the Farm Bill was passed in 2018 making CBD Federally legal, that all the 50 states treat CBD products the same. The CBD industry overall since the passing of the bill has been booming as more and more people are becoming aware of CBD and studies are being conducted on CBD benefits. But unfortunately, not all the states treat CBD the same, with each state able to create their own local laws and regulations specific to CBD sales in their state. In the case of California things become even more complicated with local regulators making their own rules.

So, the big questions are, where can I buy CBD near me and is CBD oil legal in California? The answers are complicated. Let’s take a closer look at common topics in CBD and better explain where it’s safe to buy CBD products.

How Is CBD Oil Viewed in California?

Hemp Products Are Legal

How Are Hemp Products Tested?

Are Hemp CBD Products Safe?

Will Hemp Extract Products cause me to fail a drug test?

Full Spectrum vs CBD Isolate?

Where to Get CBD Legally in California?

How Is CBD Oil Viewed in California?

California has taken a very aggressive stand against marijuana. Possession of more than 28.5 grams of marijuana in California is classified as a misdemeanor. This can warrant 90 days in prison, a $500 fine.

California’s definition of CBD is consistent with the federal definition. According to a letter issued by the Attorney General’s Office, “although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.”

After the 2018 Farm Bill passed, the state introduced AB 228, which would have clarified CBD legality and legalized hemp-derived CBD to be included in food, beverage, and cosmetics products without restrictions, but the bill was held. Until the bill is passed and signed by the governor, California’s laws surrounding hemp-derived CBD and CBD oil remain consistent with the FDA.

And after the passing of the Farm Bill, a change was made that hemp products would now be legal. But for many people, this only created more confusion. What’s the difference between hemp and marijuana? Is CBD legal in California and where can I buy CBD near me are the common questions that people ask?

Hemp Products Are Legal

CBD is derived from the Cannabis plant. Federally CBD can contain up to .03% THC, often referred to as Full Spectrum. THC is the compound that typically is associated with getting intoxicated or the feeling of being “high”. Marijuana products contain more than .03% THC and are legal in California for recreational use.

Though this has caused a lot of confusion. However, the thing to keep in mind is difference is in amount of THC present between CBD and Marijuana.

For the product to be legal in California, it will need to have less than 0.3% THC. If this is the case, it can be provided to any adult, even if you don’t have a prescription. Because of this, there have been stores selling CBD oil in California that have recently started to appear. It’s expected that this demand for cannabis oil in California will continue to grow, as awareness and popularity increases. You can easily go on Google and search for “CBD stores near me” or “CBD oil near me” and you should be able to find a local store that sells CBD products. However, be cautious on the type of CBD product you are buying and make sure that the CBD product is below the 0.3% THC limit.

How Are Hemp Products Tested?

As mentioned, it’s only legal for you to order and receive hemp products if it has less than 0.3% THC content. Anything above this limit remains banned and you should be careful when making a purchase and make sure it’s from a reputable store or online CBD shop. To make sure that people comply with these rules, the police will be able to test these products. If you have a product with more than 0.3% THC you can still face fines or jail time.

It is important for this reason to make sure that before purchasing any products that you take a look at 3 rd party test results and purchase products only from trusted vendors. We here at LeafyQuick make sure that we display all 3 rd party test results, work with only reputable CBD brands, farmers and producers and do the proper due diligence to exceed all state and federal requirements.

Are Hemp CBD Products Safe?

When you use a trusted CBD retailer, like LeafyQuick, you can rest assured that all the products are safe for you to consume. We confirm that the extracted CBD from hemp has THC levels below 0.3%, the CBD Oil is made using quality extraction equipment and responsible techniques and is tested via a third-party laboratory (this helps verify CBD content and quality). As such, to make sure that you are getting the best quality products, our team verifies third party lab tests for all of our CBD oils and ensure that the CBD product complies with strict government regulations.

Will Hemp Extract Products cause me to fail a drug test?

A consumer who uses a high-quality, scientifically vetted hemp based product at the standard serving size is highly unlikely to test positive for THC and/or THC-COOH. However, it’s important to note that extremely high doses may result in a positive urine screen and that genetic differences in the CYP450 enzyme system may cause variation in results. Ultimately, consumers need to be fully informed of the specific regulations proposed by their employers and adjust their consumption of cannabinoid products accordingly. At LeafyQuick we sell CBD oil that are both THC free (CBD Isolates and CBD Broad Spectrum) and Full Spectrum CBD Oil that contain less than 0.3% THC.

Full Spectrum vs CBD Isolate?

When you select a full- spectrum CBD product, your product contains naturally occurring cannabinoids (including less than 0.3% THC), plant terpenes, flavinoids, vitamins, and minerals of the original hemp source. These compounds work together to create what is known as the “Entourage Effect.” CBD Isolate is cannabidiol in its purest form a full-spectrum product that has been further processed to remove the plant compounds. All that remains is a white powder that is at least 99 percent pure CBD with zero percent THC. This powder is then transformed into various CBD isolate products such as oils and edibles. A full – spectrum CBD product is the product of choice for those looking to take advantage of the Entorouge Effect. The Entorouge Effect is used to explain how the whole has a greater impact than its individual parts.

Where to Get CBD Legally in California?

So, the answer is YES, CBD products are now officially legal in California. This raises the question, where can you go to get CBD products?

In most cases, it’s best to shop for CBD oil online. This has a couple of benefits, ability to research the products and brands, check test results and have it delivered to your doorstep. And by purchasing your CBD Products from an online platform like LeafyQuick provides the added assurance of buying from a trusted source that has done the due diligence of complying with state laws. So, browse for CBD oil products online and give them a try yourself. Instead of searching for CBD shops near you, you can easily browse the LeafyQuick best sellers and pick the right CBD product that works for you:

  • CBD Oil
  • CBD Capsule
  • CBD Cream
  • CBD Massage Oil
  • CBD Gummies
  • CBD Flower
There are new products that come to market daily and our team is at the front lines searching for the best CBD products for you. You can explore our daily deals and all CBD products for sale daily on our CBD Shop Online. Once you place your order our team will ship the product same day and you should expect delivery anywhere from 2-5 days from your purchase.

Many make the assumption that since the Farm Bill was passed in 2018 making CBD Federally legal, that all the 50 states treat CBD products the same. The CBD industry overall since the passing of the bill has been booming as more and more people are becoming aware of CBD and studies are being conducted on CBD benefits. ]]>