Hemp, CBD, and Marijuana: What is Really Legal?

Hemp, CBD, and Marijuana: What is Really Legal?
By Judy Couch, FNP-C

The movement for legalized medical marijuana has gained traction in multiple states, but one unintended consequence was the rise of something called CBD. We discussed how CBD works on your body and why CBD is trending right now, but if you missed those, I’ll explain it again briefly below, as well as provide some updates about whether it is legal or not to use, and what forms CBD comes in.

What is CBD?

CBD – short for cannabidiol – is a natural ingredient extracted from the flowers and buds of hemp plants. When ingested or inhaled, CBD interacts with our endocannabiniod system. This system is a collection of receptors that are responsible for critical health functions like:

  • Appetite, hunger, and digestion
  • Mood
  • Immune system
  • Memory
  • Pain and pleasure
  • Temperature and motor control
  • Reproduction and fertility

What makes hemp different than marijuana?hemp marijuana

Hemp and marijuana are both part of the cannabis family, but they are very different. Hemp is the industrialized strain of the plant, contains less than 0.3% THC, and has a variety of uses including fibers, supplements, skin care, and more. You do not experience any sort of “high” with hemp products.

Marijuana, on the other hand, is used solely for recreational and medicinal purposes. It contains between 5-35% THC, so this is where the “high” comes from. THC is also what makes marijuana illegal in most states.

Is CBD (hemp) legal?

Before last year, hemp and marijuana were categorized together as part of the cannabis family and banned equally under Nixon’s “War on Drugs”. With the recent push for marijuana legalization, however, the two plants were reclassified in the 2018 Farm Bill.

This bill clarifies the distinctions between hemp and marijuana and removes hemp from the list of controlled substances. Put simply, hemp is now legal across the nation and states can independently regulate its production. Marijuana, on the other hand, is still illegal at the federal level, but states are allowed to independently regulate it if they chose.

The legalization of hemp has opened up the possibility of a variety of hemp products, including oils, grain, fiber, dietary supplements, building materials, and much more.

Types of CBD products

CBD comes in a wide variety of products, from skin care and creams to gummies, vape pens, coffee, and more. Queen City Hemp offers the best selection of CBD, including:

  • Oil Tinctures – CBD is mixed with oil and peppermint in tinctures (250mg, 500mg, 750mg, 1000mg and even higher).
  • Seltzers – CBD is mixed with flavored seltzers (5mg per can).
  • Vape pens – CBD is mixed with oil for a vaping experience.


To determine your proper CBD dosage, a good rule of thumb is to take 1-6mg of CBD for every 10 lbs of body weight depending on the level of pain, anxiety, or sleeping difficulties. The higher the pain, the more CBD is needed. People with more body mass will also require more CBD to experience its effects.

For example, 15-25mg would be a good starting dosage for someone who weighs 150 lbs, and 20-33mg would be a great starting dosage for a 200 lb patient.

cbd oilDosing with tinctures is a little different, as each serving size is approximately half a dropper. Typically, 2-3 servings at a time are recommended:

  • 250mg bottle – 60 servings (half dropper), so about 4.17mg of CBD per serving
  • 500mg bottle – 60 servings (half dropper), so about 8.3mg of CBD per serving
  • 750mg bottle – 60 servings (half dropper), so about 12.5mg of CBD per serving

Example: A 200lb male would most likely want to use the 750mg bottle with a serving in the morning and a serving in the evening. He could also consume a double serving (full dropper) in the morning as well.

Want more information?

We have a brand new CBD guide that breaks down everything you need to know about CBD before starting it. Click HERE to download the guide! For any other questions or to get started with CBD, please call us at 513-791-9474 or visit our office at 7770 Cooper Road, Suite 8, Montgomery, OH 45242.

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