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Is CBD Oil Legal in California?

Is CBD Oil Legal in California?

Cannabidiol, better known as CBD Oil, is quickly gaining popularity in the US, and we know why. A non-intoxicating extract of the marijuana leaf, CBD is being used to help treat anxiety, movement disorders, pain, and more. With the surge in popularity, you may be wondering if it’s legal in your state. Today we’re taking a look at what exactly is legal in the great state of California.

The Legality of Marijuana in California

On January 1, 2016, marijuana became legal in California for both medical and recreational use, making California one the few states that have fully legalized recreational and medicinal use of marijuana.

If one is 21 or older, you can purchase 28.5 grams of marijuana, 8 grams of cannabis concentrate, and 6 plants in California. Be warned, you will pay anywhere in the range of 7.5%-10% in sales tax depending on the county, along with a state tax of 15%. Those who have a medical marijuana identification card are exempt from paying the county sales tax but still have to pay the state tax. Review this map of locations to purchase in California.

We’re sharing all of this with you about marijuana because it provides important context for CBD oil, thanks to different types of CBD oil based on what type of plant it’s extracted from.

CBD from Marijuana vs CBD from Hemp

Why is there a difference in CBD legality? Isn’t CBD Oil all the same? Actually no, CBD Oil can be derived from two different plant sources. CBD that comes from agricultural hemp is non-intoxicating, making it favorable for use in medicinal products to help patients alleviate their symptoms caused by different medical treatments. The CBD that is extracted from marijuana plants has a higher concentration of THC, which means it may cause you to feel “high.” In most states where medical marijuana has not been legalized, CBD oil is exclusively extracted from hemp plants.

The Legality of CBD in California

CBD products in California are a little more controversial on its legality and confusing for customers to understand. Today CBD that has been derived from regulated and taxed cannabis plants are legal and available for purchase at dispensaries. However, CBD products derived from hemp are not legal in California. A statement from the CA Department of Public Health explains why: “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.” The fight continues though, as many proponents of hemp-derived CBD are fighting for its regulation, largely due to its effectiveness at a lower price point. Only time will tell what will become of hemp-derived CBD oil in California.

Want to learn more about the ins and outs of CBD oil? Read more of our blog here

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