As CBD becomes more popular, people are beginning to wonder where it is and isn't legal. The legality of CBD can be confusing because the compound comes from both cannabis and hemp plants, which have different laws surrounding them.
This blog post will discuss where CBD is legal by state and answer some common questions about CBD legality.
CBD 101
Cannabidiol, or CBD, is a chemical compound found in the cannabis Sativa plant family. CBD is one of over 100 compounds found in cannabis. It's the second most abundant compound in the plant after THC. Unlike THC, CBD is not psychoactive and does not have intoxicating effects.
CBD is believed to have possible therapeutic benefits. Hemp and marijuana are both members of the cannabis Sativa plant family but differ in their THC content. Hemp plants contain higher levels of CBD than THC. While marijuana plants contain higher levels of THC than CBD.
While CBD and THC are cannabinoids derived from cannabis plants, they don't contain the same amount of psychoactive components. THC is the primary psychoactive compound that is responsible for the "high" feeling associated with smoking or ingesting it.
CBD Health Usage
While more research is needed to understand CBD's potential benefits fully, early studies suggest that it may have various positive effects. For instance, CBD may help relieve issues associated with normal daily exercise and activity. It may also help maintain normal emotional balance and a sense of relaxation
Additionally, CBD can also possibly help manage certain neurological conditions. As a result of its potential benefits, CBD is now being considered for neurological and neoplastic dieases.
In fact, the FDA has approved the use of Epidiolex, a prescription medication that contains CBD as an active ingredient, to treat certain types of seizures. Therefore, CBD may offer promising health benefits for certain health concerns.
CBD Legality
Legal experts are still debating the legality of CBD. Its legality is inextricably linked to its lineage. Cannabis-derived CBD is classified as a Schedule 1 substance and is therefore banned at the federal level.
However, CBD extracted from hemp plants with less than 0.3% THC by dry weight is allowed. This is because hemp is not a restricted substance. This is referred to as a "source rule" because CBD isn't listed on the Controlled Substances Act (CSA) list.
While the legality of CBD is still being debated, it is clear that it can have numerous benefits for both people and animals. Therefore, it is essential to do your research before purchasing CBD products to ensure that they are legal in your state or country.
FDA's Take on CBD
As more and more people learn about the potential benefits of CBD, they may be curious whether they can add it to their favorite food or drink. Unfortunately, the answer is not always simple.
CBD is derived from cannabis, and while it does not produce the psychoactive effects of THC, it is still subject to federal regulation. According to the Federal Food, Drug, and Cosmetic Act, it is illegal to sell CBD products that are not FDA-approved.
What is the 2018 Farm Bill?
The Farm Bill is a piece of legislation that is updated every few years to control farming. The 2018 Farm Bill was an important year for CBD legalization because it made it legal and regulated for the federal government to grow, make, and sell industrial hemp.
This change meant that companies selling CBD-containing products could take CBD out of their plants to consume legally. The 2018 Farm Bill was an essential step in the right direction for CBD legalization and will help to ensure that CBD products are safe and regulated.
CBD Legalization by State
While CBD is legal at the federal level, it is essential to check your state's laws before purchasing CBD products. Each state has its regulations regarding CBD, and these laws are constantly changing.
For example, some states have legalized CBD for medical use while others have not. It is crucial to stay up-to-date on the laws in your state so that you can purchase CBD products legally.
|
STATE |
CBD LEGAL STATUS |
ADDITIONAL DETAILS |
|
Alabama |
Conditionally legal |
CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
|
Alaska |
Fully legal |
|
|
Arizona |
Fully legal |
|
|
Arkansas |
Conditionally legal |
Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
|
California |
Fully legal |
Hemp-derived CBD edibles are not legal in the state, but cannabis-derived CBD edibles are; doesn’t seem to be strictly enforced and legislation has been proposed to remove this restriction |
|
Colorado |
Fully legal |
|
|
Connecticut |
Fully legal |
|
|
Delaware |
Conditionally legal |
Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions, though the CBD market in general is relatively unregulated in Delaware |
|
District of Columbia |
Fully legal |
|
|
Florida |
Conditionally legal |
Hemp-derived CBD oil only |
|
Georgia |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD, and THC content cannot exceed 5% |
|
Hawaii |
Conditionally legal |
Hemp-derived CBD oil only |
|
Idaho |
Conditionally legal |
All varieties legal so long as there is no traceable THC content |
|
Illinois |
Fully legal |
|
|
Indiana |
Conditionally legal |
All varieties legal so long as they do not exceed 0.3% THC |
|
Iowa |
Conditionally legal |
Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive |
|
Kansas |
Conditionally legal |
All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions, provided the THC content doesn’t exceed 5% |
|
Kentucky |
Conditionally legal |
Hemp-derived CBD oil only |
|
Louisiana |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Maine |
Fully legal |
|
|
Maryland |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Massachusetts |
Fully legal |
Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license |
|
Michigan |
Fully legal |
|
|
Minnesota |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Mississippi |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC |
|
Missouri |
Conditionally legal |
CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions |
|
Montana |
Fully legal |
|
|
Nebraska |
Conditionally legal |
Hemp-derived CBD oil only; cannabis is illegal even for medical purposes |
|
Nevada |
Fully legal |
|
|
New Hampshire |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
New Jersey |
Fully legal |
|
|
New Mexico |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
New York |
Fully legal |
|
|
North Carolina |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions |
|
North Dakota |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Ohio |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Oklahoma |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions |
|
Oregon |
Fully legal |
|
|
Pennsylvania |
Conditionally legal |
CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
|
Rhode Island |
Conditionally legal |
CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
|
South Carolina |
Conditionally legal |
CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
|
South Dakota |
Conditionally legal |
Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court |
|
Tennessee |
Conditionally legal |
CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
|
Texas |
Conditionally legal |
Low-THC (up to 1%) CBD oil available for patients with qualifying conditions |
|
Utah |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Vermont |
Fully legal |
|
|
Virginia |
Fully legal |
|
|
Washington |
Fully legal |
|
|
West Virginia |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Wisconsin |
Conditionally legal |
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
|
Wyoming |
Conditionally legal |
Hemp-derived CBD oil only |
While CBD legalization is still a big deal, laws about whether or not CBD is legal will likely continue to change and evolve over time. The talk has only just started.
This will probably happen when the law requires the FDA to regulate hemp extracts. This level of oversight is essential to stop illegal CBD products from making onto the store shelves. The FDA will also need to develop enforcement policies to stop all illegal production and sales while the regulatory infrastructure is being built.
The Bottomline
CBD is a promising substance with potential health benefits. However, the legal landscape of CBD is still being debated, and state laws are constantly changing. Therefore, it is essential to do your research before purchasing CBD products to ensure that they are legal in your state or country.
At New Season Wellness, we only carry US-grown hemp-derived products from high-quality brands that you can trust. We believe in transparency and want you to be informed about what you're putting into your body.
That's why we only work with third-party lab-tested brands and share those results with us. We carry a wide range of products, including CBD oil, capsules, topicals, gummies, pet CBD, and more. We are with you in your wellness journey.
Sources:
Cannabidiol in Neurological and Neoplastic Diseases - NCBI
Cannabidiol (CBD) - StatPearls - NCBI Bookshelf
Your Guide To CBD Legalization By State – Forbes Health