The short answer: hemp-derived CBD is federally legal in the United States when it meets the conditions set by the Agriculture Improvement Act of 2018, commonly called the 2018 Farm Bill. The longer answer is worth understanding, because the details are exactly where compliant products are separated from non-compliant ones.
What the Farm Bill changed
The 2018 Farm Bill defined hemp as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis and removed hemp, so defined, from the federal Controlled Substances Act. That single definitional line is the legal foundation of the entire hemp CBD category. Cannabis above that delta-9 THC threshold remains marijuana under federal law, regardless of what a label calls it.
The 0.3% line is measured, not assumed
Because the legal definition turns on delta-9 THC content, third-party lab testing is not just a quality practice; it is how compliance is demonstrated. This is why a certificate of analysis showing delta-9 THC below 0.3% matters. All Encore Life products contain less than 0.3% delta-9 THC, verified by third-party lab results.
States can and do differ
Federal legality is the floor, not the whole picture. States regulate hemp products in their own ways, including labeling rules, age restrictions, and in some cases restrictions on specific product types or cannabinoids. Before buying or traveling with CBD, it is worth checking the rules of your own state.
Where the FDA fits in
Legal to sell does not mean FDA-approved. The FDA has not approved CBD as a food additive or dietary supplement, and it has approved only one CBD-based prescription drug. That is why responsible CBD brands do not make disease claims and why you should be wary of any product that promises to treat or cure a condition. A compliant product describes what it is; it does not prescribe what it fixes.
What this means for buyers
Three practical checks: confirm the product is hemp-derived with delta-9 THC below 0.3%, confirm that number on a batch-matched certificate of analysis, and check your own state's rules. Products that clear those three hurdles are operating inside the legal framework Congress created in 2018.
This article is for general information only and is not medical or legal advice. Encore Life products are hemp-derived CBD products containing less than 0.3% delta-9 THC. These statements have not been evaluated by the Food and Drug Administration. Encore Life products are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before starting, stopping, or changing any CBD product.