That said, it is clear that hemp-derived CBD oil with less than 0.3% THC is of little concern to federal authorities – even if it remains a Schedule I drug under the Controlled Substances Act. While there’s a slim-to-none chance of getting your package confiscated (or worse, getting arrested), for mailing CBD oil in the United States, it’s not beyond the realm of possibility. This is best exemplified by the fact that companies are shipping thousands of bottles of hemp-derived CBD to all 50 states, with seemingly no legal repercussions.

“There is a great deal of confusion regarding the legal status of hemp and why these products are so readily available versus marijuana-based CBD products. In 2014, the Farm Bill stated that hemp was different from marijuana, yet the Drug Enforcement Agency’s (DEA) position is that hemp comes from the cannabis sativa plant and as such falls under the controlled substance act. In 2004, the Hemp Industry Association won a court case against the DEA from the Ninth Circuit Court of Appeals that ruled the DEA didn’t have the authority to ban hemp under the CSA. “By that federal court ruling, similar to non-scheduled hemp food products, this allows Medical Marijuana, Inc. (including  HempMeds®) to sell online and distribute to customers in the U.S. states,” said Dr. Stuart Titus, the company’s Chief Executive Officer.”


While this is true to an extent, the simple fact of the matter remains that pure CBD oil with customer-backed qualities is a rarity in the legal hemp marketplace. The vast majority of CBD oil online (even products that are extracted with CO2 technology and "verified" with third-party lab reports), is still subpar in terms of potency, purity, and effectiveness.
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