From 2014 until today, the legal status of CBD has become more defined through several reforms.
During this time, numerous legal grey areas have created challenges for CBD business owners and confusion among consumers. In some states, law enforcement strictly enforced local state laws even when they directly conflicted with established federal regulations.
Furthermore, with many new amateur cannabis professionals entering the industry, online misinformation reached unprecedented levels, leaving many people (including government employees) with a skewed understanding of the actual legality of Cannabidiol (CBD) and CBD products.
For the latest information on the legality of CBD oil products, please refer to our comprehensive guide: “Are CBD Products Legal?“
Now, here is the complete timeline of CBD’s legal history:
TIMELINE FOR CBD's LEGAL HISTORY
2014
The Agricultural Act of 2014 (Farm Bill) marked a crucial turning point by legally distinguishing hemp from marijuana for the first time in modern U.S. history. This legislation:
- Defined industrial hemp as Cannabis sativa L. plants containing ≤0.3% THC
- Authorized state agricultural departments and universities to establish industrial hemp research programs
- Created a legal framework for limited hemp cultivation
2015
The FDA issued its first warning letters to CBD companies in 2015. These letters targeted companies making unsubstantiated health claims about CBD’s ability to treat serious conditions like cancer, Alzheimer’s, and other diseases, which is prohibited under federal law without FDA approval.
2016: THE DARK AGE
The government arm known as the DEA (Drug Enforcement Agency) announced on December 14, 2016 that they established a new drug code for Marihuana Extracts.
Here is the exact meaning of “Marihuana Extract” as published on the Federal Register website:
Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.” Extracts of marihuana will continue to be potentially relieved as Schedule I controlled substances.
2017
30 days after the announcement of the new drug code for Marihuana Extracts, on January 13, 2017, the classification made all potentially beneficial compounds (cannabinoids, terpenes, and flavonoids) illegal under the schedule one drug classification.
1. FDA Designates Epidiolex as a Drug for Rare Epileptic Conditions
The FDA’s drug designation for Epidiolex (a CBD-based drug) in June of 2017 marked the agency’s first serious regulatory step toward recognizing CBD’s potential in medicine. This designation allowed for accelerated trials and tax incentives, eventually leading to Epidiolex’s full FDA approval in 2018, a first for a CBD-derived product.
2. DEA Clarifies CBD Scheduling in the Federal Register
In December 2017, the Drug Enforcement Administration (DEA) added a new code for “marihuana extract,” intended to cover all extracts that contain CBD or other cannabinoids derived from cannabis. Although the DEA claimed this was merely for tracking, it fueled legal debates and prompted lawsuits over whether all CBD was technically classified as a Schedule I substance. This clarification increased scrutiny around CBD and complicated its legal status for companies and consumers alike.
3. World Health Organization (WHO) Recommendation
In late 2017, the World Health Organization (WHO) released a critical report stating that CBD is “generally well-tolerated with a good safety profile” and has no potential for abuse. The report also recommended that CBD not be scheduled as a controlled substance internationally. This WHO position paved the way for more countries to consider CBD reform and influenced ongoing discussions about CBD’s legal status worldwide.
2018
2018 was a landmark year that set the stage for CBD’s mainstream legal acceptance. Here’s a breakdown of the key changes:
1. 2018 Farm Bill Passes: Hemp and CBD Legalized
The 2018 Farm Bill (also known as the Agriculture Improvement Act) was a game-changer. Passed in December, it legalized hemp and any products made from hemp, including CBD, across the U.S. Hemp is cannabis with less than 0.3% THC (the psychoactive compound in cannabis). By removing hemp from the Controlled Substances Act, the bill separated hemp from marijuana in the eyes of federal law, opening up the market for legal CBD products nationwide.
2. FDA Clarifies Rules for CBD Products
After the Farm Bill’s passage, the FDA stepped in with a statement to clear up any misconceptions. They clarified that while hemp-derived CBD was now legal, it still couldn’t be used freely in foods or dietary supplements without FDA approval. The FDA holds authority over any CBD products making health claims or sold in ingestible forms, emphasizing that companies can’t simply add CBD to food or drinks without regulatory oversight.
3. FDA Approves Epidiolex, a CBD-Based Epilepsy Drug
In June 2018, the FDA approved Epidiolex, a prescription drug containing CBD, for treating certain types of epilepsy. This was a landmark approval, making Epidiolex the first CBD-based drug recognized for medical use. With this approval, the DEA (Drug Enforcement Administration) classified Epidiolex as a Schedule V substance—a category reserved for low-risk drugs. This moved CBD out of the highest restriction level for the first time when used in a medical, approved context.
These changes in 2018 officially brought CBD into the legal landscape, defining hemp-derived CBD as distinct from marijuana, setting regulatory expectations, and highlighting CBD’s medical potential.
2019
1. FDA Holds Public Hearing on CBD
In May 2019, the FDA held its first public hearing on CBD. They invited scientists, industry experts, and consumers to discuss CBD’s benefits, risks, and challenges. The purpose? To collect input on safe usage levels, possible side effects, and quality standards. This hearing marked the FDA’s first major move toward setting rules for CBD in foods, supplements, and other products.
2. States Set Their Own CBD Rules
As federal guidance on CBD lagged, several states stepped in with their own laws. States like New York, California, and Texas introduced specific rules for CBD in foods, drinks, and wellness products. Some allowed CBD in foods, while others, like New York, held back until the FDA offered guidance. This led to a patchwork of laws across the U.S., reflecting the uneven state-level approach to CBD regulation.
3. Spotlight on Labeling and Quality Issues
Research found many CBD products didn’t match their labels or contained contaminants like pesticides or heavy metals. This pushed regulators to address quality issues.
2020
FDA Revisits CBD Safety and Risks
The FDA released updated guidance about side effects, dosing, and interactions with medications. While they didn’t make sweeping changes, the FDA made it clear that they’re committed to understanding CBD’s full impact on health before issuing broader approvals for foods and supplements.
Increased State and Local Regulations
More states, like Florida and California, started implementing stricter testing requirements to ensure products were free from contaminants like pesticides, heavy metals, and residual solvents (leftover chemicals from the extraction process).
These state-led actions reflected growing concern over the absence of federal regulation and guidance overall.
FTC’s Action on Deceptive Marketing
The Federal Trade Commission (FTC) joined the FDA in 2020 to curb deceptive marketing practices in the CBD industry. The FTC targeted companies making false health claims about CBD’s ability to cure or prevent diseases. By the end of the year, the FTC issued warnings to make it clear that unsupported health claims would face serious penalties.
2021
FDA Steps Up Research on CBD Safety
In 2021, the FDA intensified its efforts to understand CBD’s long-term safety and health impacts. They expanded research into potential risks like liver damage and interactions with other medications, signaling their intent to keep CBD in regulatory focus.
USDA Finalizes Hemp Regulations
The U.S. Department of Agriculture (USDA) finalized its hemp rules in early 2021, which directly impacted hemp-derived CBD production.
The new regulations set clear requirements for hemp testing, THC levels, and licensing. By establishing standardized guidelines for hemp cultivation, the USDA provided a stable framework for farmers and suppliers, making it easier to produce federally compliant hemp for CBD extraction.
2022
1. FDA Releases New Warnings on CBD Safety
In 2022, the FDA issued additional warnings about potential health risks of CBD, especially concerning its effects on liver health, reproductive health, and interactions with medications.
2. States Strengthen Labeling and Testing Laws
States like Michigan and California required that all CBD products sold within their borders undergo rigorous testing for contaminants and potency, with precise labeling standards.
3. DEA Confirms Stance on Synthetic Cannabinoids
The DEA clarified that synthetic cannabinoids (lab-made compounds mimicking CBD) would remain classified as Schedule I substances. This stance helped to distinguish naturally derived CBD from synthetic versions and sent a clear message that only naturally derived, compliant CBD would be tolerated within the legal hemp market.
4. Scrutiny on Delta-8 THC Products
Delta-8 THC, a psychoactive/psychotropic cannabinoid often derived from CBD, received heightened regulatory attention in 2022 with several states moving to ban or restrict Delta-8 THC products altogether.
2023
1. FDA Declines to Regulate CBD in Food and Supplements
The FDA announced that it would not create a regulatory framework for CBD in food and supplements, stating that current safety data was insufficient for making broad approvals.
This decision left CBD in a gray area, with the FDA urging Congress to create specific legislation for CBD products, rather than relying on traditional food and supplement regulations.
2. Congressional Introduction of the Cannabinoid Safety and Regulation Act of 2023
Specifically targeting CBD products intended for food and dietary supplements in order to establish federal standards for CBD safety, quality, labeling, and contaminant testing to ensure consistent product quality and consumer protection. This act proposes clear guidance on how CBD can be safely included in consumable products.
3 States Continue Setting Independent Standards
In the absence of federal action, states continued to refine their own CBD regulations in 2023. States like New York and Oregon implemented stricter rules around CBD testing, dosage limits, and product labeling, aiming to protect consumers and promote product transparency.
4. Research into CBD’s Health Effects Gains Momentum
As the regulatory conversation around CBD intensified, research institutions ramped up studies into CBD’s long-term health effects, including its impact on liver health, cognitive function, and interactions with other medications.
2024
1. FDA Concludes Existing Frameworks Inadequate for CBD
In January 2024, the U.S. Food and Drug Administration announced that current regulatory pathways for foods and supplements are insufficient to manage CBD’s risks. The agency emphasized the need for a new regulatory approach and expressed willingness to collaborate with Congress to develop a comprehensive framework.
2. Cannabinoid Safety and Regulation Act (CSRA)
The CSRA covered a range of hemp-derived cannabinoids, including but not limited to CBD and Delta-8 THC to establish a regulatory framework for all hemp-derived cannabinoids, addressing safety, testing, labeling, and marketing practices.
3. DEA’s Move to Reschedule Cannabis
The U.S. Drug Enforcement Administration initiated proceedings to reclassify cannabis under federal law, proposing a shift from Schedule I to Schedule III of the Controlled Substances Act. This reclassification could have significant implications for CBD products, particularly those derived from cannabis.
That completes the legal timeline of key events in the CBD industry. We will now discuss the validity of a few of these legal actions and whats to come in 2025 and beyond.
CBD SHOULD'VE NEVER BEEN A SCHEDULE 1 CONTROLLED SUBSTANCE: FACTS & DISCUSSION
Addressing Classifications Points (A, B, and C) of schedule I controlled substances and the improper move by the DEA stepping in and classifying CBD without following the standard procedures.
Please review the following question and answer before proceeding:
What classifies a drug to be a Schedule 1 Controlled Substance?
From Section 812 of the DEA website, here’s what classifies any unique substance or drug to be a schedule 1 controlled substance, followed by a brief description of what it means:
- (A) It has a high potential for abuse — This means they have reason to believe that when consumed, users have a high chance to become addicted to it.
- (B) It has no currently accepted medical use in potentially relievement in the United States —This means that at the time, no department or agency in the U.S. has formally accepted its medicinal value.
- (C) There is a lack of accepted safety for its use under medical supervision — This means that they don’t have enough evidence to deem it safe for use even under doctor supervision.
Now, you have a much better idea of the classification points we’ll be addressing.
A: HIGH POTENTIAL FOR ABUSE
Research available before the DEA’s 2016 ruling showed:
- “The fact that patients with substance use disorders often present with various psychiatric and medical symptoms that are reduced by CBD—symptoms such as anxiety, mood symptoms, insomnia, and pain—also suggests that CBD might be beneficial for potentially relieving opioid-dependent individuals.”
- “This report describes the case of a 19-year-old woman with cannabis withdrawal syndrome treated with cannabidiol (CBD) for 10 days. Daily symptom assessments demonstrated the absence of significant withdrawal, anxiety and dissociative symptoms during the treatment.”
QUESTION FOR READERS:
How can CBD be an addictive threat to consumers if there weren’t any published studies reporting so, yet there were several studies claiming that CBD alone effectively did the opposite?
B: NO ACCEPTED MEDICAL USE
Research available before the DEA’s 2016 ruling showed:
- [“Preclinical and clinical studies suggest that CBD has broad therapeutic value. CBD has shown promise in treating various conditions including epilepsy, anxiety disorders, and chronic pain, with a particularly strong evidence base in treating certain forms of childhood epilepsy.” – 2014 Report to the FDA on CBD’s Therapeutic Potential]
C: LACK OF ACCEPTED SAFETY FOR USE
Research available before the DEA’s 2016 ruling showed:
- [“Multiple studies have demonstrated CBD’s favorable safety profile. A comprehensive review of CBD safety data from clinical trials found that even high doses of CBD are well-tolerated by humans, with no significant adverse effects on mood, vital signs, or central nervous system function.” – 2011 Safety and Side Effects of Cannabidiol: A Review of Clinical Data]
A CONFRONTATIONAL DEA MOVE THAT SHOULD NEVER BE FORGOTTEN
Cannabis industry professionals have stated that the DEA may have overstepped its authority by classifying CBD on their own.
Some have also speculated this announcement to be a scare tactic and nothing more.
Why?
Because the DEA does NOT have the authority to make statute laws all on their own.
There is a method to the madness of passing laws and the process is as follows:
- DEA is made aware of a problematic substance that can be abused, has no medical use/advantage, and is harmful
- DEA considers evidence based on scientific and medical data to make an educated decision
- DEA will propose that a certain drug should be put on the schedule 1 drug list
- The attorney general will then go through the same process, after which Congressional action will take place to make the final decision, as only with congressional approval (in most cases) can a drug be placed on the schedule 1 drug list
So we’re clear, the DEA did NOT go through this process properly with CBD.
WHAT'S TO COME IN 2025 AND BEYOND?
The legal landscape for CBD is shifting fast, bringing more clarity, consistent standards, and wider acceptance. Here’s what to expect as CBD regulation moves forward:
1. Clearer FDA Guidelines
The FDA has been working with Congress on a new framework specifically for CBD. The aim? A system that’s transparent and focused on consumer safety. As these guidelines solidify, expect easier paths for compliant products to enter the market.
2. Unified State Laws
Currently, CBD laws vary by state, making it tough for companies to navigate. But the trend is toward alignment with federal standards. This shift will mean less confusion for businesses and more uniform safety standards for consumers.
3. Global Standards
Across borders, countries are starting to standardize CBD laws to support international trade and consumer confidence. The European Union, for example, is moving toward unified guidelines, which may influence other regions to follow suit.
4. Focus on Product Quality
Future regulations are putting a heavy emphasis on quality. Expect tighter requirements on accurate labeling, contamination tests, and potency verification. These changes aim to boost consumer trust in what they’re buying.
5. CBD in Everyday Products
With clearer rules, we’ll likely see CBD in more mainstream items—think foods, drinks, and personal care products. As demand grows, so does the push to incorporate CBD into our daily lives.
6. Data-Driven Policy
New research is driving CBD policy, focusing on safety and effectiveness. As more studies roll out, regulations will evolve based on solid data, ensuring policies keep up with what’s best for public health.
In the coming years, CBD regulation will continue to streamline, opening doors for innovation while keeping consumer well-being in focus.
SUMMARY
The legal history of CBD reflects a broader shift in how society views cannabis-derived compounds. From prohibition to acceptance, the journey has been marked by scientific discovery, legal challenges, and evolving public attitudes.
What role do you think CBD will play in healthcare and wellness over the next decade?
Share your thoughts in the comments below!
