Is CBD Oil Legal?

Is CBD Oil Legal

You’ve probably considered trying CBD after seeing it at your local convenience store. But before taking the leap and purchasing your first CBD product, you have to wonder, “is CBD Oil legal?” With so much gray area surrounding the CBD industry, determining the answer to this question can be difficult. While Hemp-derived products like CBD Oil are considered federally legal, a number of factors regarding sourcing, labeling and marketing can affect whether the product you’re buying should really be on the shelves.

Continue reading to find out the truth about what makes CBD Oil legal in the U.S. and learn how to identify legal CBD Oil before you buy.



Hemp-derived CBD Oil is considered federally legal thanks to the Agriculture Improvement Act of 2018. Also known as the 2018 Farm Bill, this legislation legalized the Hemp plant throughout the United States. Before this change, Hemp was classified as a Schedule I drug – the same as marijuana, which causes psychoactive effects, or a “high” in its users.

The Farm Bill not only reclassified Hemp – shifting regulation away from the DEA into the hands of the USDA, FDA and EPA – but it also laid out regulations for the cultivation of Hemp and Hemp-derived products.



The production process is an integral part of what makes CBD Oil legal. There are various ways to make this simple product, but not all processes are equal in quality and safety. From sourcing and extraction to labeling and marketing, the answer to your question, “Is CBD Oil legal?” requires transparency about how your CBD company is producing and certifying its products.


Legal CBD Oil Begins at the Roots

To determine whether CBD Oil is legal, you must look at the plants from which it’s made. Simply put, legal Industrial Hemp plants equal legal CBD Oil. Industrial Hemp plants naturally contain less than 0.3% THC by dry weight – the federal legal limit. This characteristic is essential in Hemp’s newfound legality and distinguishes these crops from their sister plant marijuana.

To maintain the integrity of Industrial Hemp, the 2018 Farm Bill stipulated that Hemp farmers had to outline a process for testing their land, checking the THC concentration of their crops and disposing of faulty crops. From there, they could receive a USDA-recognized license to legally grow Hemp.

Hemp Bombs partners with federally licensed U.S. farmers to deliver compliant and safe products and keep our CBD Oil legal from the start. All our raw materials come with a Certificate of Analysis verifying they contain less than the legal THC threshold and are free of pesticides, heavy metals and mycotoxins. For trust and transparency, you can find our raw CBD test results at the bottom of our lab testing page.


Good Manufacturing Practices are a MUST

Unregulated, the CBD industry is like the Wild West. However, standardized guidelines like the current Good Manufacturing Practices (cGMPs) of similar industries bring some sense of regulation to the process. Likewise, Standard Operating Procedures (SOPs) deliver consistency to every batch of products, ensuring safe products every time.

Industry leaders aim to implement these practices through outsourced manufacturers, but only the best of the best complete these processes in-house, as Hemp Bombs does. Our expert formulators, state-of-the-art machinery and dedicated quality control team allow us to produce high-quality CBD products with your safety in mind.


The Two L’s: Lab Testing and Labeling

When it comes to CBD concentration and THC content, don’t just take a company’s word for it. Check the labels and compare the listed milligram concentration to the lab test results posted on the website. These lab testing results will tell you about the CBD in the product and show the THC concentration, which should be reported as less than 0.3% THC or ND (not detected).

Hemp Bombs goes the extra mile when it comes to lab testing. Using a multistage approach, we test all raw materials before production, conduct in-process testing, implement finished good checks and conclude with third-party lab testing to certify we are creating legal CBD Oil at all stages. We partner with an ISO-certified lab, which represents the industry standard for consistent and accurate testing.

What’s labeled on the bottle is as vital as what’s inside of it. Since state laws vary so greatly, it is accepted that all CBD Oil should contain the minimum labeling requirements: QR codes, dosing instructions, CBD potency per serving, accurate nutrition facts and the required FDA disclaimer.


Marketing is Just as Important as Manufacturing

While the way a company makes its CBD Oil is important, even more important is how a company advertises its products. The FDA is still working out the details surrounding CBD legality. Although guidelines haven’t yet been laid out about what to do, the FDA has certainly made it clear what not to do.

Since 2015, dozens of CBD companies have received warning letters for violating the Federal Food, Drug and Cosmetic Act (FD&C Act). These letters cited unsubstantiated claims that CBD could treat, cure or prevent certain conditions, which can be harmful for users who choose not to see a medical professional.

Companies should provide fair and balanced information about CBD products and their potential benefits and side effects. At Hemp Bombs, we aim to give you the latest information on FDA regulations and research findings to make your CBD regimen more useful to you. We also recommend consulting your primary care physician or a medical professional before adding CBD to your daily routine.



Keeping in mind sourcing, labeling, lab testing and marketing requirements can help you make informed decisions when you shop for CBD Oil online and in-store. Here’s a short checklist to help you determine whether you’re buying a legal CBD Oil:

  • The CBD was derived from Industrial Hemp grown using USDA standards.
  • The product contains less than 0.3% THC.
  • The labeled CBD concentration matches the accessible lab testing results.


You don’t want to have any doubts or lingering questions such as, “Is CBD Oil legal?” when you’re purchasing products for your wellness. Hemp Bombs remains compliant with the latest state and federal legislation that determine the legality of CBD Oil. We want you to be free to enjoy our Gummies with CBD, CBD Oil and other premium CBD products from the comfort of your home or vacation destination.