The Legal Status of CBD: A Nuanced Question
The question of whether cannabidiol (CBD) is a controlled substance depends on its origin—specifically, if it comes from hemp or marijuana. Both are Cannabis sativa varieties, but their legal status is determined by their delta-9-tetrahydrocannabinol (THC) concentration.
The 2018 Farm Bill: A Landmark Shift
The 2018 Farm Bill legally defined "hemp" as Cannabis sativa L. with no more than 0.3% delta-9 THC by dry weight. It also removed hemp and its derivatives from the Controlled Substances Act (CSA). Thus, hemp-derived CBD with 0.3% or less THC is not a federally controlled substance. Cannabis with over 0.3% THC is classified as marijuana, a Schedule I controlled substance federally, making marijuana-derived CBD federally illegal.
DEA and FDA: The Regulatory Landscape
Despite the 2018 Farm Bill, the DEA and FDA maintain regulatory authority.
DEA's Position
The DEA aligns with the Farm Bill: hemp-derived CBD is not controlled, but marijuana-derived CBD is a Schedule I drug. Epidiolex, an FDA-approved drug with purified CBD and less than 0.1% THC, was reclassified to Schedule V and later became unscheduled, but this applies only to Epidiolex.
FDA's Authority and Stance
The FDA regulates CBD product marketing, particularly in food, supplements, and products with medical claims. As of 2025, the FDA's position includes:
- Approved Medication: Epidiolex is the only FDA-approved CBD product, used for specific rare epilepsy types.
- Food and Supplements: The FDA considers it unlawful to add CBD to food or market it as a dietary supplement. Concerns exist regarding safety, including liver toxicity and drug interactions, and the FDA believes a new regulatory path is needed.
- Enforcement: The FDA primarily targets companies making unsubstantiated health claims or selling unsafe products.
Comparison: Hemp-Derived CBD vs. Marijuana-Derived CBD
| Feature | Hemp-Derived CBD | Marijuana-Derived CBD |
|---|---|---|
| THC Content | Legally must be ≤ 0.3% by dry weight | Typically > 0.3% |
| Federal Legal Status | Legal (Not a controlled substance) | Illegal (Schedule I controlled substance) |
| Source Plant | Industrial Hemp (Cannabis sativa) | Marijuana (Cannabis sativa, indica, or ruderalis) |
| Availability | Widely available online and in retail stores, subject to state law | Only available in states with legal medical or recreational cannabis programs, often in licensed dispensaries |
CBD Product Types and THC Content
CBD extract types vary in chemical profile and THC content:
- Full-Spectrum CBD: Contains all natural phytochemicals, including up to 0.3% THC. This can lead to an "entourage effect".
- Broad-Spectrum CBD: Contains many cannabinoids and terpenes but has non-detectable THC.
- CBD Isolate: The purest form with 0% THC, with all other plant compounds removed.
The Complication of State Laws
Despite federal legality for hemp-derived CBD, state laws vary significantly. Some states have embraced CBD, while others have restrictions or treat it as illegal. Consumers must check their state's specific laws.
For more information on the FDA's regulations, you can visit their page on Cannabis and Cannabis-Derived Products.
Conclusion: A Complex but Clear Distinction
Is CBD a controlled substance? It depends on the source. Hemp-derived CBD with 0.3% or less THC is not a federal controlled substance. However, marijuana-derived CBD (with more than 0.3% THC) is a Schedule I controlled substance federally. The legal status is shaped by the 2018 Farm Bill, FDA evaluations, and state laws. Consumers should know the CBD source, verify THC content with lab tests, and be aware of local laws.
