Is CBD Vape Juice Legal in 2019?

There are lots of ways to get in trouble in the vaping world. I’m sure if you hit up reddit for a couple of minutes you will find vast roguish stories about vapers getting in trouble.  If you are caught vaping substances which you didn't know were illegal then you could get yourself in lots of unnecessary trouble.

I have seen so much misinformation out there on forums and I have heard plenty of idealistic stoner friends make up stories about the legality of CBD vape juice that contains 30% THC.

After doing some research on reddit, reading those stories of people being arrested for vaping, I started to get a feel for what goes and what doesn’t in the eyes of the law. That was before even looking at any government sources! When I started some real in depth research, it became clear that there are a lot of grey areas vis-à-vis the legality of CBD and that CBD is highly regulated.

So what do different governments think about CBD?

Is CBD legal or illegal in the USA?

How is CBD regulated by the federal government

Hold on, this could get very confusing so I need you to concentrate.

Cannabidiol (CBD) is derived from cannabis plants. However, there are two overarching types of cannabis plants -- each of which contain CBD and differing amounts of THC which is the chemical in weed that gets you high.

These two types are marijuana and hemp.

Until 2018, the federal government (that is the national level government for any-non americans) did not distinguish the difference between marijuana and hemp.

Even though hemp is very different from marijuana in that hemp is a cannabis plant that has less than 0.3% THC compared to Marijuana’s higher content -- the two were viewed as the same.

Due to this, in the eyes of the law, any product that contained CBD was banned because it came from cannabis plants which were generally tainted with the potentially negative effects of smoking marijuana.

The difference between CBD and hemp

However, from 2018, hemp and marijuana became distinguished officially in the eyes of federal law under the 2018 Farm Bill pushed through congress by the Republican senator Mitch McConnell.

The Farm Bill 2018

Despite the deregulation of hemp, this does not mean all CBD products have been made legal.

The government has made a clear distinction between CBD from hemp and CBD from marijuana. As part of the Farm Bill it is illegal to use CBD that isn’t hemp based.

Out there on the market there is a lot of  ‘CBD vape juice’ out there that isn’t hemp derived CBD vape juice. In fact, many ‘CBD’ products deliberately keep the THC content and also add in various other substances. This is certainly illegal under the farm bill.

However, controversially, even if the CBD products are proven to have no THC in, if they are derived from Marijuana they are still illegal. In an ideal world the government would make it legal to use CBD products that can be proven to have no THC in but this just isn’t the case.

Nonetheless, there are few rebellious states who have looser state-level laws

Is there anywhere where marijuana derived hemp is legal?

There are only 10 states as well as Washington D.C where marijuana is broadly legal, both for medical and recreational needs. Most local authorities treat CBD high in THC in the same way that they treat types of weed. They view it negatively rather than the beneficial substance it is.

Over the next couple of years there is sure to be further confusion as states work against the farm bill.

There is only one pharmaceutical grade CBD which has been given its own legal status despite being a low regulated drug despite being marijuana derived called Epidolex.

States that overregulate CBD vape juice

There are even states where they are still ignorant of federal law and you could still be arrested for having CBD even if it has a very low THC content below 0.3%.

Before you think about hitting the road to another country with a bucket load of CBD vape juice bottles, take a quick look at the infographic below and be careful with what you take!

In the UK:

Just in case any of you are travelling to London or anywhere else in the UK, I think you need to know that things are a little bit different.

In any cases where CBD vape juice contains traces of THC (which can happen more than you think), then it becomes illegal under the same legal rules that apply to cannabis under an act they made in the 1970’s called the 1971 Misuse of Drugs Act.

Why is there so much controversy around CBD?

Hundreds of years ago, farmers could actually be fined or jailed for NOT growing hemp. Because it was such a valuable crop in Virginia, the Assembly of Jamestown Colony passed legislation in 1619 making it mandatory for every farmer to grow Indian hemp seed.

Summary:

CBD vape juice with THC contents under 0.3% THC is supposed to be legal in every state in America but in reality it is not.

The local governments stick to different norms and customs that are at odds with federal law which make being a CBD vape harder than it should be.

If you want to know a little bit more about how each state reacts to CBD, there’s a good blog at marrieclaire.com