Where Is CBD Legal in The United States?

Where Is CBD Legal in The United States?

Where Is CBD Legal in The United States?

Cannabis plant compounds like CBD, or cannabidiol, have become increasingly popular due to their potential health benefits. However, the legal status of CBD can be confusing, as it varies from state to state and at the federal level. This blog will explore the legal landscape of CBD in the United States.

Is CBD Legal Federally?

CBD is a compound in both hemp and marijuana, two varieties of the cannabis plant. It will ultimately depend on the variety from which CBD was sourced, whether it is legal or not.

The 2018 Farm Bill

In 2018, the federal government passed the Farm Bill, which legalized the production and sale of hemp and hemp-derived products, including CBD, as long as it does not exceed 0.3% THC. Tetrahydrocannabinol (THC) is a psychoactive compound that gives users the feeling of being “high.”

However, it is important to note that marijuana with CBD and other cannabinoids under the federal Controlled Substances Act is a Schedule I controlled substance.

This means that it is illegal to manufacture, distribute, or possess marijuana products without a Drug Enforcement Administration (DEA) license.

 

So, is CBD legal in all 50 states? Yes, CBD is federally legal, provided it is derived from hemp and meets the THC limit.

Is CBD Legal in all States?

Federally, CBD is legal. However, the legal status of CBD varies from state to state. States are still able to create their laws and regulations regarding cannabidiol. Some states have passed laws explicitly legalizing the production and sale of CBD, while others have more restrictive laws that limit the sale of CBD or only allow it for certain medical conditions.

CBD can be sold as a dietary supplement, cosmetic, or food ingredient in states where it is legal. In some states, CBD is only permitted for medical use and can only be obtained with a prescription from a licensed healthcare provider.

You should also know that some states have laws that explicitly prohibit the sale of CBD, regardless of its source. It is also worth noting that while hemp-derived CBD is legal at the federal level, some states have laws prohibiting the production or sale of hemp-derived CBD.

The Legality of CBD by State

CBD is completely legal in some states, while in others, it is only for medical purposes. Here’s a breakdown of the legality of CBD by state:

STATE

LEGALITY

REGULATION DETAILS

Alabama

Conditionally legal

With a medical cannabis license, CBD oil exceeding 0.3% THC is legal for specific conditions.

Alaska

Fully legal


Arizona

Fully legal


Arkansas

Conditionally legal

CBD oil made from cannabis exceeding 0.3% THC is legal for certain medical uses with a medical cannabis license

California

Fully legal

The state does not allow hemp-derived CBD edibles, but cannabis-derived CBD edibles are; enforcement seems to be lacking, and legislation is being proposed to lift this restriction.

Colorado

Fully legal


Connecticut

Fully legal


Delaware

Conditionally legal

CBD oil from cannabis exceeding 0.3% THC is legal for certain medical uses with a medical cannabis license.

District of Columbia

Fully legal


Florida

Conditionally legal

Only hemp-derived CBD oil is allowed

Georgia

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions; it must be equal in THC and CBD content, with no more than 5% THC

Hawaii

Conditionally legal

Only hemp-derived CBD oil is allowed

Idaho

Conditionally legal

So long as there is no trace of THC in any variety, it is legal

Illinois

Fully legal


Indiana

Conditionally legal

As long as the THC content does not exceed 0.3%, all varieties are legal

Iowa

Conditionally legal

CBD oil from cannabis exceeding 0.3% THC is legal for certain medical uses with a medical marijuana license, but the list of conditions that are accepted is relatively limited

Kansas

Conditionally legal

As long as there is no traceable THC content, all varieties are legal; CBD oil for medical use is legal with a license for specific conditions, provided the THC content is less than 5%.

Kentucky

Conditionally legal

Only hemp-derived CBD oil is allowed

Louisiana

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Maine

Fully legal


Maryland

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Massachusetts

Fully legal

It is legal for adults over 21 and adults 18 to 20 years old with a medical cannabis license to consume oil with THC content exceeding 0.3%

Michigan

Fully legal


Minnesota

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Mississippi

Conditionally legal

CBD oil made from cannabis exceeding 0.3% THC is legal for certain medical uses with a medical marijuana license, but the list of conditions that are accepted is fairly limited; you can only obtain it from the University of Mississippi; THC content must not exceed 0.5%

Missouri

Conditionally legal

Medical cannabis license required for CBD oil exceeding 0.3% THC — no qualifying conditions

Montana

Fully legal


Nebraska

Conditionally legal

CBD oil derived from hemp is allowed; medical cannabis prohibited

Nevada

Fully legal


New Hampshire

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

New Jersey

Fully legal


New Mexico

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

New York

Fully legal


North Carolina

Conditionally legal

CBD oil derived from cannabis is legal with a medical cannabis license; however, the program is only available to a minimal number of study participants and patients with specific medical conditions

North Dakota

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Ohio

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Oklahoma

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal—no qualifying conditions

Oregon

Fully legal


Pennsylvania

Conditionally legal

With a medical cannabis license, CBD oil exceeding 0.3% THC is legal for certain conditions 

Rhode Island

Conditionally legal

With a medical cannabis license, CBD oil exceeding 0.3% THC is legal for certain conditions

South Carolina

Conditionally legal

Medical cannabis license is required for CBD oil exceeding 0.9% THC; qualifying conditions are very restrictive

South Dakota

Conditionally legal

Recreational and medical cannabis products are illegal; a 2020 ballot measure that the Supreme Court overruled sought to change this ruling

Tennessee

Conditionally legal

Medical cannabis license is required for CBD oil exceeding 0.9% THC; qualifying conditions are very restrictive

Texas

Conditionally legal

Patients with qualifying conditions can receive CBD oil with low THC (up to 1%)

Utah

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Vermont

Fully legal


Virginia

Fully legal


Washington

Fully legal


West Virginia

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Wisconsin

Conditionally legal

With a medical cannabis license, cannabis-derived CBD oil is legal for certain conditions

Wyoming

Conditionally legal

Only hemp-derived CBD oil is allowed

Source: Forbes.com

Can You Detect CBD in Drug Tests?

Tests for drugs look for THC, the psychoactive compound in marijuana, not CBD. However, it’s possible that one who consumes large amounts of CBD products could test positive for THC on a drug test. This is because most CBD products are made from hemp, which contains trace amounts of THC.

To avoid the possibility of testing positive on a drug test for THC, it is important to choose CBD products made from pure CBD isolate or containing only trace amounts of THC. Furthermore, the federal legal limit for THC in hemp products is 0.3%, and products with higher levels of THC may not be legal in all states.

Can You Fly with CBD?

The TSA (Transportation Security Administration) has stated that it is legal to fly with CBD products as long as 

  • Hemp-derived CBD products contain less than 0.3% THC 

  • You are traveling to or from a state or country where it is legal

It is worth noting that while the TSA has stated that it is legal to fly with CBD, they do reserve the right to refer any suspicious items to law enforcement for further investigation. It is always a good idea to bring a prescription and to keep your CBD products in their original packaging, as this can help to prove that they contain less than 0.3% THC.

Get Updated With The Latest CBD News!

The legal landscape for CBD is rapidly evolving, and it is vital to stay updated with the latest developments. Some states have laws that allow the sale of CBD, while others have more restrictive laws that limit its use. It is always a good idea to research the laws in your state before purchasing or using CBD products.

Additionally, it is essential to choose reputable CBD brands that provide third-party testing to ensure the quality and purity of their products. By staying informed and choosing high-quality products, you can feel confident about using CBD for your health and wellness needs.

Leave a Comment

Your email address will not be published. Required fields are marked *

X
0
    Your Cart
    Your cart is empty
    ×
     
    Why Choose to Autoship?
    • Automatically re-order your favorite products on your schedule.
    • Easily change the products or shipping date for your upcoming Scheduled Orders.
    • Pause or cancel any time.