Roger, I’m not 100% certain on this, but I’m pretty confident that the difference here (and what makes it legal for people to sell it on Amazon) is that they are ONLY selling Hemp derived CBD vs. Cannabis derived CBD. Hence the “hemp extract” which is why the Farm Bill passing was such a big deal. As far as I’m aware, you can get CBD from both cannabis and hemp, but the hemp is legal federally. The bigger problem that I see is how misleading all of the amazon products are though because of these amazon regulations. All of the bottles I’ve seen only show the amount of “Hemp seed extract” (ex-2,500 mg Hemp Oil Extract) which is just like buying 2,500 mg of orange juice when I’m looking for vitamin c!

With Ultra High Strength Hemp Oil, you feel better naturally as it supports natural sleep, improves mental clarity, and relieves stress. The oil’s production unit is registered with FDA and licensed in Colorado. It is also compliant with the batch record processes of GMP. Ultra High Strength Hemp Oil is legal in 50 states. 1 oz of 1800mg supports 60 servings.
In short, CBD oils made from hemp must contain less than 0.3% THC – this is below the legal federal limit (and is why many CBD oil companies claim to be able to ‘legally ship to all 50 U.S. states’). In contrast, cannabis CBD oils (that you’d find in places like medical marijuana dispensaries) may have a much higher THC content, given that they are made from marijuana rather than hemp.
Since it started becoming popular roughly two years or so ago, the general consensus has always been that since CBD oil from top brands does not contain the psychoactive properties of THC, it is therefore legal. Unfortunately, its legality is much more nuanced because of conflicting federal laws and new court cases. What is clear is that in one of the most recent court decisions on the topic, Hemp Industries Assoc. v. DEA, which came out on April 30, 2018, the US Court of Appeals for the Ninth Circuit found that Section 7606 of the 2014 US Farm Bill (the “Farm Bill”) preempts the Controlled Substances Act (CSA), the federal law which designates marijuana as a Schedule I substance (along with heroin and cocaine) making it illegal to possess or use. This means that when there is conflict between the CSA and the Farm Bill, the Farm Bill wins out.

Ingesting your pure CBD oil in capsule form is extremely common. Not only are capsules easy to consume, pretty much every online dispensary carries them. Eating CBD pills is one of the best ways to control your dosage of CBD. One of the best companies for purchasing capsules is Tweed; they offer several types of Tweed CBD oil in capsules ranging from 10 to 50mg. 
Of course, because legal marijuana is in such a confusing transitional period, even here there are potential exceptions. The U.S. Food and Drug Administration (FDA) approved Epidiolex, a treatment for a rare form of pediatric epilepsy that contains CBD. The DEA decided to classify this as a Schedule 5 drug, the scheduling that indicates the lowest potential for addiction and abuse.
States with regulations that permit the use of marijuana-derived CBD for a broad range of conditions include Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia.
Ironically, the only four states where you can be absolutely sure that the CBD content claimed on the label is the CBD content in the bottle are Colorado, Washington, Oregon, and Alaska, where adult-use cannabis is legal and regulated. That’s because the CBD products available in licensed retail cannabis stores must pass state-mandated lab tests to assure their purity and potency. In fact, if these products haven’t gone through state testing, they’re liable to be seized, as happened recently in Alaska.
Crazy thing is that there are some stores that are actually selling CBD oil for vapes and ingestion and they are not paying attention that it actually states on the back of the package “contains <3% THC" (which is illegal in WY). But you are correct there are lots of places in WY that throw the book at you for petty little shit and let the harder criminals off with a slap on the wrist. Sucks

Crazy thing is that there are some stores that are actually selling CBD oil for vapes and ingestion and they are not paying attention that it actually states on the back of the package “contains <3% THC" (which is illegal in WY). But you are correct there are lots of places in WY that throw the book at you for petty little shit and let the harder criminals off with a slap on the wrist. Sucks

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Love you podcast and thanks so much for this post! I was wondering if there has been any changes in the Amazon policy since the farm bill passed. I feel like I’m seeing a lot more CBD products listed on Amazon. Also, the prices are dirt cheap compared to buying from other distributors. Is this because of competition on Amazon or that they are selling lower quality brands? Thanks again for everything you do.
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In short, CBD oils made from hemp must contain less than 0.3% THC – this is below the legal federal limit (and is why many CBD oil companies claim to be able to ‘legally ship to all 50 U.S. states’). In contrast, cannabis CBD oils (that you’d find in places like medical marijuana dispensaries) may have a much higher THC content, given that they are made from marijuana rather than hemp.
In short, CBD oils made from hemp must contain less than 0.3% THC – this is below the legal federal limit (and is why many CBD oil companies claim to be able to ‘legally ship to all 50 U.S. states’). In contrast, cannabis CBD oils (that you’d find in places like medical marijuana dispensaries) may have a much higher THC content, given that they are made from marijuana rather than hemp.
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