The legality of CBD can vary from state to state; however, federally, it is legal but it comes with stipulations. The main determining factor is whether the CBD is derived from hemp or from marijuana.
HEMP VS MARIJUANA: HOW THEIR UNIQUE DIFFERENCES EFFECT THE LEGALITY OF CBD
Hemp and marijuana are both cannabis plants, but they’re quite different legally.
Here’s why:
Think of them as siblings – they look almost identical, but their chemistry sets them apart.
The key difference? THC levels (that’s tetrahydrocannabinol, the compound that gets you high). You can learn more here: What Is Tetrahydrocannabinol (THC)?
Breaking it down:
- Hemp: Produces mainly CBD, contains less than 0.3% THC
- Marijuana: High in THC, which affects your mind[2]
Can’t tell them apart by looking? Don’t worry – even experienced growers sometimes need lab tests to be sure [3].
UNIQUE LEGAL DIFFERENCE MADE SIMPLE:
Hemp is federally legal, but with rules:
- Must stay under 0.3% THC
- Growers need proper licenses
- Can’t just start growing in your backyard
Thanks to the 2018 Farm Bill, you can now:
- Buy hemp-derived CBD
- Transport it across states
- Possess it legally
(As long as it follows federal rules)
THE U.S. STATES WHERE CBD IS ILLEGAL
There are certain states and counties where CBD is strictly prohibited (even hemp-extracted CBD falls into a legal gray area).
The three states that have taken a strong stance against CBD are:
- Idaho
- Nebraska
- South Dakota
Idaho
Idaho state law says [7] that any hemp-derived CBD product must meet certain conditions to be considered as legal. Unlike other states with the 0.3% THC restriction, in Idaho CBD products must contain 0% THC. They also must be classified as “not marijuana” under Idaho Code § 37-2701(t). Which basically states that CBD can only be taken from certain parts of the hemp plant.
Nebraska
Hemp-derived CBD was decriminalized by the state government of Nebraska in a bill passed on May 30, 2019. Document LB 657 [8] removed hemp products from the controlled substances list. Any CBD product sold in Nebraska must contain less than 0.3% THC as well as meet certain testing, delivery, and manufacturing requirements. It is still largely considered to be technically illegal, so proceed with caution.
South Dakota
Industrial hemp and CBD oil in all forms are illegal in the state of South Dakota. [9]
If you live in one of these states, it is highly advised to proceed with extreme caution. While some businesses do sell CBD products in these states, the sale, possession, or use of CBD is very risky.
THE STATES WHERE CBD PRODUCTS INFUSED WITH CBD FROM MARIJUANA PLANTS ARE LEGAL (SPECIAL USE CASES)
While hemp-derived CBD is federally legal, per the Farm Bill, marijuana-derived CBD is a bit more complicated because it is derived from a plant that is still largely illegal in many areas.
States such as California [4] and Colorado have looser marijuana laws [5] and have legislated that marijuana is, in fact, legal for recreational use. As a result of this law, so is marijuana-derived CBD in these areas.
Other states only allow marijuana-derived CBD usage under certain conditions, such as when a person has a prescription for a specific medical condition, while some states still strictly prohibit it outright.
Flip through the medicinal use cases and recreational use cases to see what states allow marijuana-extracted CBD.
As of 2019, there are ten states where cannabis, including both marijuana and hemp, are completely legal for recreational and medicinal use. [6] These states are:
- Alaska
- California
- Colorado
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont
- Washington.
Adults in these areas face virtually no restrictions when it comes to the consuming CBD products.
As of 2019, forty-seven states have approved marijuana-derived CBD for medicinal use. Regulations vary from state to state with the majority of states allowing use for a broad range of medical conditions, while other states set specific requirements for approved use.
States that permit the use of marijuana-derived CBD for a broad range of medical conditions include Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia.
States with regulations that permit the use of marijuana-derived CBD under certain medical circumstances include Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.
It is extremely important to note that the regulations for these states generally require patients to obtain a medical marijuana card in order to legally consume marijuana-derived CBD. The requirements to obtain a medical marijuana card in each state will vary.
Before purchasing CBD in any of these states, we highly recommend that you do additional research on laws in your state by using our map to help you select your state and visit the page to secure the information that’s most relevant to you and your family.
THE LEGAL HISTORY OF CANNABIDIOL: CBD AS A SCHEDULE 1 DRUG
A commonly asked question we’ve gotten:
Is CBD a schedule 1 drug?
The answer is no.
But, would you believe there was a time when the answer was a yes?!
If this topic interests you, you can learn more here: The Legal History Of CBD As A Schedule 1 Drug
CONTRADICTORY LAWS FOR CANNABIS & CBD
Here are some ups and downs on various laws passed over the past several years:
- The first submission of the proposal to make CBD illegal was made in 2011
- In 2012, Colorado and Washington legalized marijuana for recreational use
- That sparked a movement which ripped across the US. This lead to Washington D.C and 28 states to launch cannabis programs
- In 2014, the US government adds another amendment to the Agricultural Adjustment Act or Farm Bill. This bill legalizes the cultivation of hemp for pilot programs, provided that the plant doesn’t have more than 0.3% THC. This Farm Bill allows for the cultivation, production, and marketing of hemp products as long as requirements are met
- December 2016, the DEA announces that all cannabis extracts are 100% illegal
This muddled conglomerate of different laws stating different things is what has caused the legalization of CBD to be so confusing! Since the law is so unclear, hundreds of people, small companies, and even huge multi-million dollar corporations are still selling industrial hemp-extracted CBD to this very day (including us) and we’re doing so nationwide.
As stated in the last paragraph, many companies sell CBD products nationwide. We’re definitely not hiding from anyone and all of us send through either UPS or USPS.
There are a handful of companies that have been selling CBD for years and the only cease and desist letters any company has ever received are simple warning letters demanding that the companies remove blatant medical claims.
You can view the warning letters here:
FAQ
View answers to the most Frequently Asked Questions concerning the rules and regulations that surround Cannabidiol products.
You are only allowed to purchase CBD if it is within the requirements of the Farm Bill.
CBD is only illegal to sell if it contains over 0.3% THC and if it is extracted from Marijuana/Cannabis plants.
While the probability is slim, it is possible.
Summary & Final Advice
Finally, regardless of which state you currently reside in, we strongly encourage you to do two things:
- Don’t Take Our Word Alone: The state laws are ever-revolving until further notice. We strongly advise that you double check the ‘CBD laws in your state’ to see if anything has recently changed.
- Speak To A Doctor: If you’re considering CBD for the first time, please talk with a certified healthcare professional first. Especially for those on prescription medications because CBD has shown potential to interact with certain medications that metabolize in the liver.
Here are two credible resources you might want to consider reading:
Take CBD responsibly, consult with your family physician prior to taking it for the first time, and follow the laws of your state. If you don’t know the laws, reach out to your state government office and ask them for yourself! It is totally okay to do your own research and using your appointed government officials is a great way to begin your journey towards enlightenment!
Please leave comments and questions below!
