The Legal Future of CBD and Cannabis: What to Expect
What to Expect Regarding the Future Legalization of CBD and Cannabis
The current landscape in the legal status of CBD and cannabis has undergone remarkable changes in recent years, with more countries and states progressively adopting more liberal stances. One of the leading facets of this ever-evolving landscape certainly pertains to the rapid growth of legal trends for CBD, which is indicative and reflective of regulation changes surrounding cannabidiol. While the trend is building, the future of cannabis and CBD regulation remains a subject of interest and hot debate. Herein, we look at the current legal standing of cannabis and CBD, trends that are likely to influence their future legislation, and what might be expected by both consumers and businesses in the next few years.
The Current Legal Status of CBD and Cannabis
CBD
CBD, or cannabidiol, is the nonpsychoactive ingredient found in both marijuana and hemp. Federally speaking, with the passing of the 2018 Farm Bill, all CBD products were legalized, given they are sourced from hemp and contain no more than 0.3 percent THC. That opened the floodgates to the CBD market, selling everything from oils and edibles to topicals.
But it is also worth noting that, although CBD is federally legal, there’s a lot of variation from state to state. Whereas some states have more restrictive rules surrounding the substance-for example, making CBD available only by prescription-others allow the substance to be sold freely. Outside the United States, the legal status of CBD varies greatly. Some countries have fully embraced the products, while others maintain strict prohibitions. Moreover, the legal environment is fluid for hemp-derived cannabinoids, with states like Texas and California adopting specific legislation and regulations laying out safety standards for those products.
Cannabis
Cannabis, specifically marijuana that contains the chemical THC, is illegal, according to federal law, in the United States. It is considered a Schedule I drug under the Controlled Substances Act. On the other hand, however, most of the states have opted to take matters into their own hands and have legalized marijuana for either medical or recreational purposes. In the year 2024, for instance, recreational marijuana had been made legal in 23 states and Washington D.C., while more than 30 states allowed the use of marijuana for medical purposes. This means there is a greater, rather than lesser, need to ensure rigorous testing and responsible market regulations because even more states continue to make cannabis legal.
Other countries that have completely legalized cannabis use include Canada, Uruguay, and Malta. Many countries, however, still experiment with limited decriminalization or medical-only programs.
Federal Law and the Drug Enforcement Administration
The Controlled Substances Act of 1970 classified cannabis as a Schedule I drug, establishing the federal controlled substance scheduling scheme. The Drug Enforcement Administration is tasked with the enforcement of the federal controlled substance laws and regulations about cannabis. The DEA has not actively pursued any course of action in terms of cannabis laws against individuals in states that have legalized cannabis either medically or recreationally. In 2013, the DEA issued a memo stating it would not focus on the enforcement of cannabis laws in states that have implemented robust regulatory systems. This memo has been seen as an indicator that the DEA is willing to let the states experiment with cannabis legalization.
State Laws and Regulations
State laws and regulations regarding cannabis vary widely. Some have even legalized cannabis for medicinal purposes, while others have it for recreational purposes. Other states have implemented more stringent regulatory policies and laws regarding its cultivation and processing for sale. For example, California has established a transparent regulatory system that regulates cannabis operators to ensure the set standards are achieved through obtaining licenses, adherence to strict testing requirements, and specific labeling procedures. Other states, such as Colorado, have taken the more relaxed route, allowing marijuana businesses to operate with minimal regulation.
What to Expect for the Future of CBD and Cannabis
- Federal Legalization of Cannabis in the United States
Probably the biggest question boding for the future of cannabis is whether the United States will head toward full federal legalization. Many lawmakers and advocates have pushed a change in cannabis laws at the federal level, saying the existing legal framework is outdated and disproportionately affects marginalized communities.
Several bills are currently in discussion in Congress looking to decriminalize or fully legalize cannabis. Take, for example, the MORE Act, the Marijuana Opportunity Reinvestment and Expungement Act, aimed at removing marijuana from the Controlled Substances Act and addressing the damage from prior cannabis convictions.
While full federal legalization remains in the air, the trend is toward more permissive policies. When and if legalization does occur, it could bring major changes for the cannabis industry, including interstate commerce, increased access to banking, and a wider field of research opportunities. Navigating these complexities within both state and federal law will be highly relevant for companies operating within the cannabis industry, particularly in new regulation scenarios.
2. International Legalization Trends
The global landscape of cannabis is changing as more and more countries embark on a journey to embrace the potential of cannabis for medical and economic benefits. Full legalization has taken place in Canada and Uruguay, with more countries gradually heading down this path.
- Europe: Germany, Switzerland, and the Netherlands are among the countries contemplating recreational marijuana legalization. Pilot projects and legislation are on the way. The European Union is still working on further regulating CBD products; the restrictions vary across the member states.
- South America: Except for Uruguay, countries such as Argentina, Colombia, and even Mexico are starting to loosen their laws on cannabis. For a fact, Mexico is about to legalize the use of cannabis for recreation.
Asia and Africa: Still largely conservative, there are pockets of both developing medical cannabis programs. Recently, Thailand has become the first country in Southeast Asia to legalize medical cannabis, while other countries like South Africa allow residents to cultivate and consume cannabis personally.
As more countries flip their stance, there will be a rising global cannabis market and, in due time, global cannabis trade over the next few years.
3. Expansion of Medical Cannabis Programs
Among the most evident cannabis industry trends is the establishment of medical cannabis programs. The more researchers uncover the medicinal worth of cannabis, the more nations and states lean toward the said medical cannabis legislation. These programs typically allow patients with certain qualifying conditions, including chronic pain, epilepsy, or PTSD, to legally access cannabis products. In addition to medical programs, scientifically informed regulation will be needed to manage public health impacts arising from the expansion of adult-use cannabis markets.
In the future, medical cannabis is bound to be used for a myriad of diseases as research identifies its availability for various courses of disease, including mental health, treatment of cancer, and even neurodegenerative diseases.
4. Increased Regulation and Standardization in the Cannabis Industry
The larger the cannabis industry, the larger the need for more clarity as far as regulations and standards are concerned. Now, due to a lack of consistency in product labeling, testing, and dosing, it is hard for the average consumer to know precisely what they are getting. States such as New York and Alaska have been leading the charge regarding hemp regulations and put much emphasis on product safety standards and manufacturing practices.
Further regulation regarding product testing, manufacturing standards, and transparency will continue to be developed for many years to come. This will be especially so for CBD products, which are considered by many critics to have inconsistent labeling and a lack of quality control. In the long run, further regulations will benefit consumers because it means there will be guaranteed safety while ensuring high-quality products.
5. More Research and Scientific Advances
Legal restrictions have largely always wrested with cannabis, from the various obstacles to research into its effects and therapeutic potentials to rapidly increasing research opportunities.
With the new Farm Bill signed into law by President Trump in December 2018, we should expect more cannabis research to be conducted, especially in the study of cannabinoids with potential medical applications, such as CBD and THC. Such studies could finally give us more targeted cannabis-based treatments, a clearer understanding of how cannabinoids interact with the human body, and clear guidelines on dosing and usage.
6. FDA in Regulating the Use of CBD
So far, the FDA has adopted a cautious approach toward CBD nonpsychoactive ingredients in cannabis plants, approving the use of a CBD-based drug called Epidiolex for treating certain seizure disorders. The agency has not approved CBD for use in food or dietary supplements and has issued warning letters to companies making unsubstantiated health claims about CBD products. FDA is also presently considering pursuing rulemaking that would enable CBD in food and dietary supplements, but no decision has been reached.
Challenges Ahead
While promising, the future of the CBD and cannabis industries faces challenges:
Financial Services and Banking: Cannabis businesses find the banking services very rarely wanting to work with them directly or indirectly because of the federal prohibition against cannabis. This situation has lowered access to financial services unnecessarily and has put up barriers in the way of those businesses that were supposed to receive such financial services. Federal legalization or, alternatively, further reforms in banking could solve this issue.
- State and Federal Laws Balancing: In the event of federal legalization, there will be partial friction with the federal laws in an instant of taxation, regulation, and enforcement.
- Public Perception: While in recent years, attitudes towards cannabis have become more positive, there is still associated stigma. Public perception will continue to shift as more and more individuals personally experience the benefits of cannabis; however, education and advocacy will be required for further normalization of cannabis use.
This leads to another problem that needs to be covered with regard to making sure that criminal records do not remain an issue of leftover penalty that seriously affects opportunities in life.
Public Health Impacts of Cannabis Legalization
In fact, the public health impacts of cannabis legalization remain under study and debate. Though some studies have claimed increased use and abuse, particularly by young people, may accompany cannabis legalization, other studies find that legalization may actually lead to decreased use and abuse along with reduced rates of opioid overdose and other negative health outcomes. The American Medical Association has supported the expungement of records for certain cannabis-related crimes on the basis of the fact that “ruining lives over actions resulting in convictions that are later legalized or decriminalized” is not justified. Overall, the public health implications of the legalization of cannabis are multi-faceted and complex; its impacts will probably continue to be researched and argued in the years to come.
Conclusion
With a wide-open future regarding legality in the United States, further expansion into other countries, and medical studies continuing to progress, the legal future for CBD and cannabis is bright. In turn, the greater this number will go, the more it will be clear that consumers have access to safe and regulated products, while acceptance of cannabis itself will widely increase as a tool for wellness and medicine. Accordingly, bright days are ahead for both CBD and cannabis, as these open up the industry to be freer, better informed, and more dynamic.
