Marijuana is still a Schedule I controlled substance under the federal Controlled Substances Act. Hemp is not, because the 2018 Farm Bill defined it as cannabis containing no more than 0.3 percent delta-9 THC on a dry weight basis and carved it out of the marijuana definition. The DEA proposed moving marijuana to Schedule III in May 2024, and that proposal has not been finalized. The FDA has never built a workable legal pathway for CBD in food or dietary supplements. So most of the rules a CBD customer runs into are state rules.
One plant, two legal categories
Federal law does not regulate cannabis as a single thing. It splits the plant by THC content. Above 0.3 percent delta-9 THC by dry weight, you have marijuana, and marijuana is Schedule I, the same tier as heroin and LSD. At or below that line, you have hemp, which is a legal agricultural commodity. That line is the reason hemp flower, CBD oil, and other hemp-derived products can be sold across state lines at all.
The Farm Bill's hemp provisions expired along with the rest of the 2018 farm bill, and Congress has kept them alive through short-term extensions while it argues about a new one. The 0.3 percent threshold has not changed yet, though proposals to tighten or loosen it keep circulating.
Rescheduling: proposed, not done
In August 2023, federal health officials recommended that the DEA move marijuana from Schedule I to Schedule III. The DEA published a proposed rule in May 2024 and opened it for public comment. Since then the process has sat in administrative hearings, with an administrative law judge taking testimony from supporters and opponents. No final order has come out.
Two things worth knowing. First, Schedule III would not legalize marijuana. It would ease research barriers and remove the 280E tax burden for state-licensed operators. Second, federal prohibition of marijuana would continue either way, because Schedule III is still a controlled substance. Anyone telling you marijuana is federally legal is wrong, at least for now.
What federal agencies actually enforce
Congress has used appropriations riders for years to block the Justice Department from spending money to interfere with state medical cannabis programs. That protection gets renewed with each spending bill, and it covers medical programs only, not adult-use markets. The statute itself has not moved.
Enforcement attention has shifted toward intoxicating hemp compounds. Delta-8 THC made through chemical conversion, and THCA flower that turns into THC when heated, have drawn scrutiny from federal agencies and outright bans in a growing number of states. That is the area where a product can look legal on paper and still get pulled from shelves.
FDA and CBD
The FDA has said the existing food and supplement framework cannot handle CBD, and it has not built a new one. Because CBD was studied as a prescription drug, the agency treats it as excluded from the dietary supplement definition. In practice that means no federal standard for dosing, purity, or labeling. Enforcement has mostly targeted products making disease claims. Third-party testing is voluntary, which is exactly why the certificate of analysis matters so much.
State law is where the real rules live
Roughly half the states allow adult-use marijuana, and most allow medical use. Hemp-derived cannabinoid rules are all over the map. Some states follow the federal 0.3 percent line exactly. Others cap total THC, ban specific compounds, or require child-resistant packaging and age limits. A gummy that ships freely from one state may be illegal two states over.
What I check before I buy or recommend anything
- A batch-specific COA from an accredited lab, not a generic one from last year.
- Delta-9 THC listed at or below 0.3 percent on that COA.
- Your own state's list of restricted hemp cannabinoids, especially delta-8 and THCA.
- Whether the seller publishes shipping restrictions by state.
Federal law sets the floor. It does not set the ceiling, and it will not protect you from a state rule that is stricter. Treat the COA and your state statute as the two documents that actually answer the question.