Do You Need a Prescription for CBD Oil?
You will find CBD infused into everything from candy to bath salts these days. However, CBD oil is one of the most popular ways of taking the substance. A growing number of companies are springing up offering their take on CBD oil, but the legality of this is somewhat hazy.
In 2018, the updated Farm Bill ensured that the cultivation of Cannabis sativa L. plants containing less than 0.3% THC became federally legal. Following this, hemp was removed from the Controlled Substances Act, and the market exploded unprecedentedly.
Yet, while CBD companies and consumers celebrate this important change, there is just one small catch. The Farm Bill also preserved the rights of the Food and Drug Administration (FDA) to regulate all cannabis-based products under the Food, Drug, and Cosmetic Act. So, while many companies state that their CBD is legal in all 50 states, this is not necessarily the case.
This article explores the confusing laws surrounding cannabis-based medicine and whether you need a prescription for CBD oil. Read on to find out more.
Is CBD Oil Legal?
Technically, the 2018 Farm Bill didn’t legalize CBD or any other cannabinoids. Instead, it permitted the growth of industrial hemp containing a maximum THC content of 0.3%. Therefore, CBD is not a federally legal substance, but hemp is.
Consequently, states are free to set their own CBD laws. In general, most locations follow the lead of the 2018 Farm Bill and tolerate the sale of low-THC CBD products derived from hemp.
However, a couple of states have different rules. In Idaho, CBD products must not contain any THC whatsoever. In Kansas, such items can’t include more than 0.1%. Every other state seems to allow the sale and use of hemp-derived CBD oil with an upper limit of 0.3% THC by dry weight.
To confuse matters, some states have medical marijuana laws that permit patients to access low-THC oil with a doctor’s recommendation. Products can contain more than 0.3% THC in these locations but less than a specific percentage. Let’s find out more below.
Do You Need to Get a Prescription for CBD Oil?
At the time of writing, a significant majority of states have medical marijuana laws in place. If you are lucky enough to live in one of these states, you can apply for a medical card and get access to a whole range of different cannabis-based products.
However, if you are in one of the remaining states, CBD oil may be your only option.
It is not usually necessary to obtain a prescription or a recommendation from a doctor for hemp-derived CBD that contains less than 0.3% THC (see above for exceptions). However, in some states, patients can use CBD oil that contains more than 0.3% THC if they have a medical marijuana card or exception.
For example, in Georgia, the Low THC Oil Registry allows qualifying patients to possess CBD oil with a THC content of up to 5%. In Tennessee, the maximum THC limit is 0.9%.
However, please note that various states’ CBD and MMJ laws change regularly. If you want to know whether you need a written recommendation for CBD oil in your area, we recommend that you contact your local health department for further information.
How to Get a CBD Prescription Legally
Both hemp and marijuana come from the Cannabis sativa L. plant. The main differences relate to THC content and legality, with one dictating the other. While hemp is no longer a controlled substance, marijuana still is.
Any cannabis plant that contains more than 0.3% THC is considered marijuana and is, therefore, federally illegal. Consumers can only use such products in states where recreational marijuana is legal or if they live in a state with a medical marijuana program and have a valid MMJ card.
Obtaining an MMJ card varies depending on where you live. The type of product you can get may also vary.
The MMJ application process varies according to where a person lives. However, in most cases, the process begins with a doctor’s consultation. They ask questions about the person’s health and determine whether marijuana will help them. It is only possible to proceed with an MMJ card application once the individual has received the physician’s certification.
Most states enable patients to apply via an online registry. If their application is approved, the state’s Department of Health sends them a medical marijuana card. Then, they can finally buy CBD products containing more than 0.3% THC, otherwise known as marijuana products.
If the above sounds long-winded, remember that consumers don’t need a prescription for hemp-derived CBD with 0.3% THC or less!
Can Doctors Prescribe CBD Oil?
No. Doctors in the United States are not allowed to prescribe any CBD product. It is the same situation as medical marijuana. Neither CBD nor THC are federally legal substances. Therefore, a physician can recommend CBD oil or MMJ but isn’t permitted to write a prescription for either.
They can also recommend a certain dosage in states where the maximum marijuana limit isn’t set in stone. Some states also permit doctors to recommend increasing a patient’s marijuana dosage depending on the medical condition.
Which CBD Products Are Approved by the FDA?
The only cannabidiol product that the FDA currently approves is Epidiolex. GW Pharmaceuticals developed this medicine. It is approved to treat drug-resistant forms of epilepsy such as Dravet syndrome, Lennox-Gastaut syndrome, and also tuberous sclerosis complex (TSC). As the product has undergone rigorous testing, the FDA has deemed it safe and effective. Sadly, this is more than can be said for other forms of CBD.
Thanks to the illegal status of cannabis for the last century, research into the plant has been severely lacking. Its use as a supplement or food additive is also currently unapproved.
The FDA does allow the use of CBD in cosmetic products, although this is also subject to strict regulations. The actual legality of CBD depends on how it is labeled and marketed, which is where many companies fall foul of the law.
Aside from the dubious legality of many CBD products, customers are presented with another significant problem. Until the FDA fully approves CBD oil as a medicine or supplement, the market will remain completely unregulated. This lack of scrutiny leaves manufacturers free to produce low-quality oils, which at best may have no effect, and at worst, might damage consumer health.
Therefore, if you intend to use CBD, be sure to find a reputable source.
Where Can You Buy CBD Oil Over the Counter?
While CBD oil is widely available online, consumers in select states can purchase over-the-counter CBD at drugstores such as CVS and Walgreens. However, many stores play it safe by only stocking topical products that comply with the FDA’s stringent guidelines.
If you live in a more liberal state, you may also find CBD in specialist stores. There have even been reports of the cannabinoid being sold at gas stations in some states! Whether these products are reliable or not is an entirely different matter, though.
Remember to buy CBD from a reputable brand and not get sucked in by low prices. You get what you pay for in the CBD world, and if the cost of a product seems too good to be true, it probably is.
For some of our top-rated CBD oils, check out this article on the Top CBD Oil Brands for 2021.
All the answers in one post…
Can You Order Cannabis Oil Online Without a Prescription?
The answer is ‘yes’ if the oil in question contains a maximum of 0.3% THC and is deemed to come from industrial hemp. In that case, top-rated brands such as PureKana have you covered as they ship CBD products to most states.
Things get more complicated regarding cannabis oil classified as marijuana products. If consumers can legally buy marijuana in their state, they can purchase it online from a licensed dispensary within the same state. Some dispensaries offer curbside delivery, while others allow online orders for pick-up only.
As marijuana is federally illegal, it remains a crime to transport it across state lines. It doesn’t matter if a person is traveling from one legal state to another. Therefore, ordering high-THC cannabis oil from a vendor in another state could result in federal criminal prosecution.
However, there are cannabinoids offering an intoxicating high that aren’t yet federally illegal. For instance, there is no federal regulation of delta-8-THC, although numerous states have banned it. Delta-8 provides approximately half the level of intoxication as the delta-9-THC found in marijuana. Brands such as Premium Jane are considered among the most reputable sellers of Delta-8.
Further examples of cannabinoids offering varying levels of intoxication that aren’t yet federally illegal include:
If interested in any of the above, Binoid is regarded as one of the most trustworthy vendors.
However, please note that there are calls to ban all of the above federally. Already, there’s a decent chance that for some readers, their state has already made some, if not all, of these cannabinoids illegal. Make sure to check your state’s laws before considering a purchase.
Do You Need a Prescription for CBD Oil? Final Thoughts
Although CBD and cannabis-based medicines are becoming more widely available, residents of certain states may still have some difficulty accessing them. For example, if you reside in a state with a CBD oil registry, you will need to have one of the listed qualifying conditions and get approval from your doctor.
However, most Americans can now enjoy easy access to CBD oil, either online or in retail stores. While this news is undoubtedly positive, it does highlight the need for caution when choosing products. Some brands offer high-quality CBD in a largely unregulated market, while others fail to make the grade.
Until the FDA relaxes its stance on cannabis-based products, this situation is unlikely to change. So, however you get hold of your CBD, be sure to choose a brand that you can trust. Don’t get lured in by flashy packaging or low prices. Instead, look for a well-established, reliable company with positive customer reviews.
Finally, ensure that you are familiar with your area’s CBD rules and regulations. There is a lot of misinformation out there, so do your own research and stay on the right side of the law.
Does CBD Oil Require a Prescription?
When reading about all the health benefits of CBD oil, you may be tempted to try it yourself — which is probably why you’re reading this article.
Many questions can start popping up in your head, such as:
Is CBD legal?
Do you need a prescription for CBD oil?
CBD’s safety profile has been acknowledged by numerous international health agencies, including the World Health Organization (WHO) — according to which CBD oil is “safe and well-tolerated by humans.”
Its legal status depends on the source plant because CBD can be extracted from hemp and marijuana (more on that later).
When it comes to getting a prescription for CBD oil, this may not be necessary — at least not in most cases.
Let’s look at different types of CBD products, their legality, and how to buy them.
Is CBD Oil Actually Legal?
People wonder if they need a prescription for CBD oil because many misconceptions are floating around its legal status.
In essence, CBD oil is legal on a federal level as long as it contains 0.3% of THC or less.
In 2018, the federal government declassified hemp from controlled substances, making a clear distinction from marijuana.
The new law allowed American farmers to grow and sell hemp for commercial use, including paper, clothes, biofuel, construction materials, food, and health supplements such as CBD oil.
Do You Need a Prescription for CBD Oil?
Whether you need a prescription for CBD oil or not depends on its source.
Different Sources of CBD
As mentioned, hemp-derived CBD oils are legal on a federal level, and you can buy them over-the-counter. But, CBD can also be extracted from marijuana, which is where its legal status becomes less obvious.
Marijuana-derived CBD Oil
In contrast to hemp, marijuana-derived CBD oil is legal only in certain states. If your state has a medical marijuana program, your doctor can prescribe it to you. These CBD oils are sold in cannabis dispensaries.
You can buy marijuana-derived CBD oils from adult-use dispensaries without prescription in states with a legal recreational market.
States Where Medical-grade CBD Is Available Only for Prescription
Nearly every state has a medical marijuana program. In these states, you need a prescription for marijuana-derived CBD oil. However, if you want to buy CBD that contains only trace amounts of THC, you can buy it without prescription in many local stores, such as pharmacies, wellness stores, vape shops, and online stores.
States, where medical marijuana is legal but recreational use remains illegal include:
- New Hampshire
- New Mexico
- North Dakota
- Rhode Island
- West Virginia
States That Legalized Marijuana for All Adults
These states have legalized marijuana for recreational use as long as you’re 21 or older and can prove it with a valid ID:
- District of Columbia (D.C.)
- New York
- New Jersey
- North Dakota
In these states, you don’t need a prescription for CBD oil, no matter the source.
What CBD Medications Can Doctors Prescribe On a Federal Level?
Marijuana remains a Schedule I substance on a federal level, meaning that doctors can’t prescribe it as an official treatment.
Because Schedule I substances are thought to have no medicinal properties at all.
Does it stay in stark contrast with the current state of knowledge about marijuana?
Yes. And worse yet, doctors have their hands tied to these backward laws because they can’t prescribe marijuana as the first-choice treatment.
That being said, there is one CBD-based medication that the FDA has approved after passing a series of clinical trials.
The medication is called Epidiolex, and doctors prescribe it to treat drug-resistant forms of childhood-onset epilepsy.
The paradox is that the FDA supports the use of synthetically isolated CBD while refusing to investigate the efficacy of whole-plant extracts, which have been highlighted in preclinical human studies as more effective than products made from single cannabinoids.
For now, the consensus is that hemp-derived products are health supplements.
Do You Need a Prescription for Hemp-Derived CBD Oil?
Health supplements are available over-the-counter, meaning you don’t need a prescription for hemp-derived CBD oil.
However, many mislabeled, sometimes dangerous products are churned out by sketchy companies since the market is unregulated. These products may contain significantly less CBD than advertised or be contaminated with toxic chemicals like pesticides, heavy metals, and residual solvents.
That’s why we always underline the importance of third-party lab testing. Third-party laboratories ensure unbiased results of the product’s chemical analysis, including its potency, cannabinoid profile, and purity.
At Royal CBD, we test all our products at different production stages. As a result, our CBD oils come with batch-specific certificates of analysis that prove their quality and safety.
Where Can You Buy CBD Oil Over the Counter?
The federal legalization of hemp resulted in the birth of a booming industry. Since hemp was declassified, many aspiring entrepreneurs have been entering the market to get their fair share of the cake.
However, making CBD oils requires a lot of skill and knowledge, both from manufacturers and lab workers. It also calls for serious investments in high-tech equipment that is required for extraction.
Everybody wants to capitalize on the booming market, but not everybody has the right assets to make high-quality CBD oil.
The best way to buy high-quality CBD products is to find a trustworthy online retailer. Buying CBD oil online makes it easier to research your potential vendors regarding their hemp source, extraction methods, and third-party testing, so you don’t rely solely on the store owner’s assurance.
CBD Oil for Prescription: Wrapping It Up
Generally speaking, you don’t need a prescription for CBD oil as long as it comes from hemp. Hemp-derived CBD products are legal on a federal level, and the FDA does not regulate them. You can find them over-the-counter, just like any health supplement.
Marijuana-derived CBD, on the other hand, is legal only in certain states. If your state allows the medical use of marijuana, you can buy such CBD oils if your doctor prescribes them. Those living in states where recreational use is legal can buy all types of CBD oil without prescription.
When shopping for CBD products — whether near you or online — make sure to tick off some important points on your quality checklist, including the hemp source, extraction, third-party testing, transparency, and the company’s reputation.
Doing so will help you make a well-informed decision and pick the right type of CBD for your situation.
At Royal CBD, we offer shipping to all 50 states so that you can enjoy premium quality from any place in the US.