If CBD Is Non-Psychoactive, Does That Mean It's Legal?

The 2018 Farm Bill legalized the cultivation of industrial hemp (defined as cannabis with less than 0.3 percent THC) in the United States and removed various derivatives of hemp, including CBD, from the purview of the Drug Enforcement Administration (DEA) and the Controlled Substances Act. But the Food and Drug Administration (FDA) views CBD as a pharmaceutical drug. And because the FDA has already approved CBD as a pharmaceutical (Epidiolex) for treating two forms of pediatric epilepsy, the FDA maintains that it is illegal to sell hemp-derived CBD as a dietary supplement. The DEA, meanwhile, retains jurisdiction over CBD derived from marijuana (cannabis with more than 0.3 percent THC), which is still prohibited under federal law.