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Are CBD Vape Oils Legal?

Are CBD Vape Oils Legal?

Are CBD vapes legal? Some vape oil producers advertise that their product has material from indica and sativa strains, which are marijuana, which is illegal at the federal level and in most states.

For now, anyway.

But how is CBD vape oil legal if it has CBD from marijuana? That has to do with key federal legislation that was passed rather recently, which paved the way for the decriminalization of hemp and of CBD products as well.

2018 Farm Bill Decriminalized CBD Vape Oil And Other CBD Products

The 2018 Farm Bill, also known as the Agriculture Improvement Act of 2018, included provisions which removed hemp and hemp products – including CBD tinctures and CBD vape oil – from the schedules of the Controlled Substances Act. The descheduling made hemp oil and other hemp products legal in all 50 states, including hemp CBD.

However, not all CBD products are made exclusively from hemp.

Some CBD products are made from cannabidiol that is extracted from marijuana plants. Since marijuana, or more accurately Cannabis that contains more than 0.3% tetrahydrocannabinol, is still a Schedule 1 substance except for some limited purposes, how can full-spectrum CBD tinctures and full spectrum CBD vape oil be legal?

CBD Vape Oil And Other Products Are Legal If They Contain Less Than 0.3 Percent THC

Full Gram CBD CartsThe 2018 farm bill also descheduled any hemp or cannabis product containing 0.3 percent or less by weight of tetrahydrocannabinol (THC) and any of its forms, so any CBD product CAN contain that amount (or less) of THC and still be perfectly legal for sale in all 50 states.

CBD is extracted from the plant via a number of methods. We won’t detail them all here, but the compound is isolated and extracted from plant material, much like how alcohol is distilled from a fermented liquid. In fact, distillation is one of the popular methods for making CBD extract, though there are others of course.

While trace amounts THC is present in a CBD extract or distillate, typically it’s very little and within the federal government’s guidelines for CBD products including CBD vape oil. TribeTokes lab tests every batch of its full spectrum products to ensure the THC is below the legal 0.3% limit.

There are THC liquids as well, but those products are made and sold by dispensaries. Here at TribeTokes, our vape oil is full spectrum CBD which means THC is present to achieve the entourage effect, but below the legal limit of 0.3%, and we lab test every batch to ensure this. Generally, CBD products are legal but there can be slight variations in legalities by state. We recommend checking your state regulations, but as consumers (not business owners) your ability to purchase and consume CBD is absolutely legal.


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