Yes, products containing hemp extract are indeed legal in all 50 states as well as many countries around the world. Here’s why:
No THC, so no DEA scheduling
Though there are many CBD products available that contain THC in a variety of ratios (1:1 being the most common), all Therabis products contain less than .3% of naturally occurring THC. That’s because we extract our CBD from industrial hemp, not marijuana, which by law has a dry weight THC content of less than .3%. Lacking THC means our products do not produce the psychoactive ‘high’ that marijuana products do. As ruled by the Ninth Circuit Court of Appeals in 2004, the DEA’s jurisdiction only extends to psychoactive drugs. Therefore, the DEA does not have jurisdiction to write rules about the legality of industrial hemp products like Therabis. Industrial hemp CBD products are therefore not included in the Schedule I designation of cannabis products containing over .3% either natural or synthetic THC.
Section 7606 of the Agricultural Act of 2014 (a.k.a. the ‘Farm Bill’) states that industrial hemp products can indeed be produced throughout the United States. However, the source of the raw plant material bound for products intended for interstate commerce cannot be domestic. This is not supportive to US hemp farmers, but it does provide allowance for the production of products from internationally-sourced plant material. At Therabis, all of our raw hemp material is sourced from the Netherlands, in accordance with the legislation outlined in the Farm Bill, making them legal to buy, sell and ship in all 50 states.
Interstate commerce made legal
Following the 2014 Farm Bill, some questions remained around the legality of the interstate commerce of hemp. However, Section 763 of the Omnibus Appropriations Act of 2016 officially made the interstate commerce of industrial hemp legal, stating that funds should not be used to prohibit the “transportation, processing, sale or use” of industrial hemp products produced in accordance with the Farm Bill, in- or out-of-state.
At Therabis, we work hard to make sure we are in compliance with current hemp legislation so we can continue to bring you the latest in CBD pet wellness. Thank you for your partnership in dispelling the myths and eroding the stigmas around the legality of hemp and CBD products.