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.
Pharmacology published a study in 2016 looking at medical marijuana for migraines, specifically in relation to its effects on serotonin, with very positive results. You’ll notice that neither study looked at CBD in isolation from other cannabinoids (which is an issue with a lot of research on CBD and pain). Truthfully, the research on CBD alone just isn’t sufficient to make any pronouncements about its effects on headache pain.
However, if it was sourced from actual marijuana (i.e. cannabis that contains more than 2% THC by volume), then it is technically illegal. Most of the best CBD oils for pain that you find in dispensaries in states like Colorado, California, and Washington (as well as other states where weed is legal) will have been extracted from marijuana plants — not industrial hemp plants. Unfortunately, this means that these products are not allowed to be sold online and shipped across state lines to “non-legal” states.
Vape Pens – Perhaps the easiest way to get the CBD Oil into your body is through a vape pen. A vape pen is about the size of an ink pen but has a CBD oil cartridge with a heating element. Many people like vape pens because there is very little in the way of odor after using it and it allows for a lot of discretion because it can be pulled out of your pocket and used on demand.