Although CBD oils aren’t regulated by the FDA, purchasing products stateside from one of the nine states where recreational and medical cannabis use is legal will likely result in a higher-quality product than buying one made with hemp-derived CBD oil imported from abroad, says Martin Lee, director of Project CBD, a nonprofit that promotes medical research into CBD.
Some states only allow for products infused with CBD, some only allow for high-CBD and low-THC products, while others allow both THC and CBD. To further confuse the American citizenry, some states permit patients the use of CBD, but require that they travel to another state to purchase it. To make sense of this confounding patchwork and to learn about each individual state’s CBD laws, read the Weedmaps Laws and Regulations page.
Hash oils seized in the 1970s had a THC contents ranging from 10 to 30%. The oil available on the U.S. West Coast in 1974 averaged about 15% THC. Samples seized across the United States by the Drug Enforcement Administration over an 18-year period (1980–1997) showed that THC content in hashish and hashish oil averaging 12.9% and 17.4%, respectively, did not show an increase over time. The highest THC concentrations measured were 52.9% in hashish and 47.0% in hash oil. Hash oils in use in the 2010s had THC concentrations as high as 90% and other products achieving higher concentrations 
The omega 3 and omega 6 fatty acids found in hemp oil are classified as polyunsaturated meaning that they are a healthy dietary fat. These compounds are extremely beneficial to the body and are ideal for human nutrition, except when taken in excess. Overindulgence of polyunsaturated fatty acids has previously been linked to cardiac dysfunction, cancer growth, and an increased susceptibility to bacterial infections.
By 1942, cannabis was removed from the U.S. Pharmacopoeia because of persistent concerns about its potential to cause harm. In 1951, Congress passed the Boggs Act, which included cannabis with narcotic drugs for the first time. In 1970, with the passage of the Controlled Substances Act, cannabis was classified as a Schedule I drug, giving it no accepted medicinal use.
“CBD oil can contain some THC or it can contain none,” Romanowski says. “It really depends on how it is processed.” Regardless, though, it’s not enough to be psychoactive. And CBD oil derived from hemp is particularly low in — in fact, hemp is (in part) legally defined by having no more than .3% of the chemical. Kush Mascara contains CBD-rich cannabis oil derived from hemp and does not contain THC.
It is also illegal to market CBD oil as a dietary supplement. This is because cannabidiol is not a food ingredient (dietary ingredient) and it doesn’t have an established safety profile or history of use in the food supply. If you see a CBD product, and it is labelled as a dietary supplement, then the company is either unaware or doesn’t care about the FDA’s current position that CBD is not a legitimate dietary ingredient.