Hemp oil, derived from the seeds of the hemp plant (Cannabis sativa), is a versatile and nutritious oil. Unlike CBD oil, which comes from the plant's flowers and leaves, hemp oil is extracted from the seeds, containing negligible levels of THC. Rich in omega-3 and omega-6 fatty acids, it promotes heart health and supports the immune system.
With increased interest in the potential health benefits of hemp oil, many people wonder about its legal status. The answer is complicated since regulations vary by state and the exact hemp oil product. This article clarifies the complex legal landscape around hemp-derived oils.
Is Hemp Oil Legal?
The legality of hemp oil varies by country and region. In many places, hemp-derived products, including hemp oil, are legal as long as they contain low levels of THC (tetrahydrocannabinol), the psychoactive compound found in marijuana.
In the United States, for example, the 2018 Farm Bill legalized the cultivation and sale of hemp and hemp-derived products, including hemp oil, as long as they contain no more than 0.3% THC. However, it's essential to note that marijuana-derived CBD oil, which may have higher levels of THC, remains illegal in many jurisdictions.
Federal law has eased restrictions on growing industrial hemp to produce non-psychoactive hemp products, including certain types of hemp oil. But not all products labelled as hemp oil are created equal. Their legality depends on complex factors explored throughout this article.
Defining Hemp vs Marijuana
Both hemp and marijuana derive from the cannabis sativa plant species, but have been cultivated to serve very different purposes. Marijuana breeds feature high concentrations of the psychoactive compound THC, capable of producing the “high” recreational users seek.
On the other end of the spectrum, industrial hemp contains ultra low levels of THC (0.3% or less), but higher amounts of CBD and other non-intoxicating phytochemicals used for purposes like health supplements, skin care, clothing, building materials and more. This stark difference in chemical composition is why regulations differ substantially for marijuana vs hemp-derived products.
Factors Determining Hemp Oil Legality
There are a few key factors that determine whether a hemp oil product is legal or prohibited:
- Type of hemp oil
- State laws
- Source and quality
Let’s explore how these factors impact whether an oil made from hemp plants constitutes a legally-obtained product at both federal and state levels.
Types of Hemp Oils
There are three main varieties of oils extracted from industrial hemp, each with distinct chemical compositions dictated by the plant components used:
- Hemp Seed Oil: Extracted from the seeds only; contains no CBD/THC
- Full-spectrum Hemp Extract: Contains a variety of plant compounds including CBD, minor cannabinoids, terpenes and low THC levels
- Broad-spectrum Hemp Extract: Similar to full-spectrum but THC specifically removed
The legality, restrictions, and even benefits associated with these different hemp oil types varies significantly.
Do State Laws Align with Federal Policy?
Since the 2018 Farm Bill, the federal government now recognizes hemp products as legal if containing under 0.3% THC. However, states retain the right to further restrict hemp possession or sales within their borders.
So while hemp seed oil is federally legal across the U.S., laws on CBD oils range dramatically between states from fully illegal to over-the-counter legal. Some states also require licensed dispensaries for CBD oil sales permitted within their jurisdictions.
Verifying Sourcing & Standards
Substantial research links impurities and improper labeling of some hemp products today with lacking regulations & oversight currently around these goods. Consumers must validate lab testing and compliance documentation from any hemp oil merchant, guaranteeing THC/CBD contents, lack of contaminants, proper labeling and freedom from adulteration.
Without access to and review of this third party lab analysis, customers risk consuming contents with illegal THC levels or unsafe contaminants.