Ready for a history lesson! The past is valuable to us, because if we don’t learn from the past, a wise person once said, we are destined to repeat it. So we’re about to take a fun-filled trip down memory lane, exploring the ins and outs of CBD’s legality.
The Dark Ages (pre-2014)
Once upon a time, in a land not so far away, CBD was practically unheard of, and hemp was lumped together with its psychoactive cousin, marijuana. Both were considered illegal under the Controlled Substances Act. Here’s how this came about:
The history of international cannabis regulation dates back centuries, with many countries having placed restrictions on the use and sale of cannabis throughout history. The first recorded ban on cannabis was in 1532 when King Henry VIII declared it a “dangerous drug” and punishable by death. This law was later relaxed in Britain and other parts of Europe, but across Asia, Middle East and Africa, the plant remained illegal into the 19th century.
In the 20th century, governments around the world began to classify cannabis as a “narcotic” drug, introducing harsh penalties for its possession and sale. This approach was most prominent in the United States during the 1960s and 70s, when President Nixon initiated an aggressive war on drugs which led to widespread criminalization of cannabis users. During this time period, few countries had legalized marijuana or CBD products in any form.
In the United States, history of CBD legality has been shaped by a complex mix of changing social attitudes and evolving marijuana laws. Historically, cannabis and its products were criminalized throughout the federal system, with penalties ranging from fines to lengthy prison sentences. During the latter half of the 20th century, penalties for simple possession increasingly focused more on rehabilitation than punishment and many states began to decriminalize marijuana use. Still, CBD was not at all on the stage as a contributor to health and wellness.
A Glimmer of Hope (2014)
More recently, attitudes towards cannabis have begun to shift in some countries due to increased scientific evidence supporting its potential therapeutic benefits. In 2014 Uruguay became one of the first countries to legalize recreational marijuana use while Canada followed two years later in 2016.
Then, in 2014, the Farm Bill came along and changed everything. This piece of legislation allowed states to grow industrial hemp for research purposes, opening the door for CBD to make its grand entrance into the world of wellness. Suddenly, people started whispering about this mysterious compound and its potential benefits. The tide was turning!
The Golden Age (2018)
Fast forward to 2018, when the Hemp Farming Act was passed as part of the Farm Bill. The Farm Bill federally legalized hemp-derived products containing less than 0.3% THC – including hemp-derived CBD oil. This was the big breakthrough that CBD enthusiasts had been waiting for! Hemp was officially removed from the list of controlled substances and reclassified as an agricultural commodity. Cue the confetti and let the CBD party begin!
But wait, there’s a catch! (Isn’t there always?) While the 2018 Farm Bill legalized hemp-derived CBD at the federal level, it left the door open for states to set their own rules and regulations. So, depending on where you live, the legality of CBD could be as clear as mud.
The Present Day
Today, the CBD landscape is a colorful patchwork of state laws and regulations. At present, most states allow for limited medical use or sale of hemp-derived CBD oil along with some form of recreational regulation (e.g., allowing adults 21 years or older to purchase CBD from approved retailers). However, some states such as Idaho and South Dakota still maintain strict prohibitions against any type of cannabis product – whether hemp or marijuana based – leading to ongoing confusion as to what is actually legal within their borders.
Further complicating matters is that while CBD derived from hemp is generally allowed under federal law, FDA regulations prohibit producers from making unfounded health claims about their products or using misleading labels. As such, it’s important for consumers to do their due diligence before purchasing any type of CDB product and be aware that not all CDB products are created equal.
It’s a small world, after all.
Sometimes our world does seem small, when we can call a friend across the globe and they sound like they’re sitting beside us. On the other hand, when countries different on policies like legalization of CBD, the world feels bigger and more divided.
In Europe, attitudes towards cannabis products have gradually evolved over time with both medical marijuana and hemp-derived CBD becoming increasingly accepted in countries like Portugal, Germany, Italy, Austria, Finland, The Netherlands and Croatia. At present, several EU nations permit the use of medical marijuana while also allowing for the sale of hemp-derived CBD oil containing no more than 0.2% THC.
In South America, Uruguay became one of the first countries to fully legalize recreational usage in 2014 – with other nations like Colombia also following suit in a similar fashion. Chile too has legalized hemp-derived CBD while Argentina allows for limited access to all forms of cannabis for medicinal use only.
In Asia, there is a wide range of laws governing marijuana usage across countries such as Thailand (medical usage permitted) Vietnam (illegal), Japan (limited usage permitted) India (illegal except for certain states allowing limited cultivation), and China (illegal). Although not yet widespread throughout Asia Pacific region – Canada’s recent history with legal recreational cannabis provides an example that could be followed by other countries within this region as attitudes towards cannabis products continue to shift over time.
Our friends in Africa have another experience. There, traditional uses of herbal remedies are still prevalent in many cultures. Some countries permit access to either medical or industrial versions of the plant while others maintain strict prohibitions against any form of cannabis use. As understanding about its potential therapeutic benefits continues to grow however it is likely that legislation will change over time as well – giving more people access to what could be a potentially beneficial natural remedy.
That’s all, folks!
And that, dear friends, is the thrilling tale of CBD’s legal history! It’s been a wild ride, but we’ve come a long way! At Bradford Wellness Co, we’re all about helping you feel good, connect with others, and reach your wellness goals – all while staying on the right side of the law. So go forth, explore the wonders of CBD, and remember: knowledge is power!