Historically, hemp could legally be grown and cultivated for academic research purposes only. However, the legality of hemp growth has changed in the past year. In April 2018, Sen. Mitch McConnell of Kentucky introduced the Hemp Farming Act of 2018, a piece of legislation that proposed legalizing all hemp products at the federal level. The act was incorporated in the 2018 United States Farm Bill, which passed in both the House and Senate in December 2018. Per the farm bill, industrial hemp will be descheduled as a federally controlled substance.
A newcomer to our CBD oils ranking, RE: Botanicals is no stranger to hemp. Founded by John Roulac, a long-time hemp advocate and founder of the organic superfoods brand Nutiva, RE: Botanicals is one of the only CBD brands to earn the USDA organic seal. They deserve a shout-out for prioritizing regenerative agriculture, while keeping prices reasonable.
As mentioned above, CBD is no longer considered a Schedule I controlled substance under the Farm Act. However, under the DEA’s definition, it remains on the list. This allows for individual states to create exceptions to the status of CBD, even when cultivated from hemp plants grown legally under the act. It also maintains illegal status for any CBD sourced from plants produced in settings that are not consistent with that Act, or by an unlicensed grower. It is expected that more clarification on the status of CBD will come early this year (2019).