Understanding whether or not cannabidiol (CBD) oil is legal comes with many maybes because of the confusion surrounding this topic. CBD oil is still in its infancy regarding information and research. While many studies are being performed and recorded and laws are being updated, it can create an overwhelming amount of information to sift through.
The legal language can also be hard to understand. Let's dive into our present information and clear up any confusion about CBD and its legal status. To understand more about the legality of CBD, we need to understand some basics about CBD.
What Is CBD?
When talking about the legality of CBD, some people think that CBD, hemp, and marijuana are the same. This is a common misconception and is simply not true. CBD, or Cannabidiol, is derived from the Cannabis Sativa, or Industrial Hemp Plant.
Where Does CBD Come From?
Hemp plants contain high levels of CBD and do not contain more than 0.3% tetrahydrocannabinol (THC). CBD can only be extracted from the stalks, leaves, and flowers of the hemp plant. At the same time, the plant seeds are produced into hemp oil or hemp seed oil.
CBD is not psychoactive and will not give the user a "high" feeling. This is the main difference between CBD and marijuana. Marijuana comes from the Cannabis indica plant and contains THC, or tetrahydrocannabinol, in large doses and CBD in low doses. This is what gives marijuana its psychoactive quality and creates the "high" feeling.
Now that we know where each cannabis bi-product comes from and their differences. We should talk about CBD in more detail.
What Are The Benefits of CBD?
Each person has an endocannabinoid system in their body. The endocannabinoid system is in charge of keeping the body in homeostasis or balance. When someone uses CBD, the CBD stimulates the CB1 receptor within the endocannabinoid system.
It helps the body to produce more of its own cannabinoids. These cannabinoids are then supposed to find the problem in the body and try to help bring the body back to its homeostasis. Based on this, research has found that CBD may help with these symptoms:
- Improving Sleep
- Improving Discomfort Levels
- Improving Mood
CBD may be a good option for you if you are looking for help with any of these symptoms. There is still more research needed to know the exact benefits and side effects of using CBD. Please consult with your physician before using CBD.
CBD can be used in many different forms. You can use CBD as a topical cream, gummies, capsules, oil, etc. If you want more information on these different types of use, you can refer to our blog post, CBD Dosage: How much should I take?
Now that we have covered our basis on CBD, we will focus on whether or not CBD oil is legal to help you navigate what type of CBD is legal for you to use based on the state you live in.
Farm Bill And CBD Legality
Before December of 2018, CBD and hemp products were illegal and considered controlled substances by the Drug Enforcement Administration (DEA).
At the end of 2018, President Donald Trump signed the Agriculture Improvement Act of 2018, also known as the Farm Bill. The Farm Bill is one of many bills written by the legislature to regulate plants grown in the United States and is updated every few years.
Part of the bill was to legalize the production, harvesting, selling, and use of CBD and hemp products as long as the plant did not contain more than 0.3% THC. This was the first time the hemp cannabis plant was mentioned in the Farm Bill.
The bill removed hemp from the list of controlled substances and changed the legality of CBD at the federal government level. This happened because CBD is a byproduct of the hemp plant. CBD derived from the marijuana plant is still considered illegal based on the current federal law.
In order for it to become federally legal, the Food and Drug Administration will need to sign its FDA-approved seal on THC and CBD.
Is CBD Legal In Every State?
While this helped the legality of CBD at the federal level, the states still had an ultimate say, and some did not want to fully legalize CBD. There was a common misconception that CBD and Marijuana were the same and would get users high.
There were also some states that did not like the fact that it was legal for CBD to have any traces of THC in it. Not wanting residents to become intoxicated with the THC found in CBD.
Legalizing CBD on the federal level made it easier for researchers to conduct more studies on the effects of CBD. These same researches found that CBD alone will not cause a user to get high, nor will the federal limit of 0.3% THC.
State Level
Once more research and information were put out there, people started to understand that there were many differences between CBD and Marijuana, and the states were able to pass legislation to legalize CBD. As of today, CBD is legal on some level in every state.
Some states have no restrictions on CBD, and some states have various conditions that need to be met for CBD to be bought and/or sold in that particular state. To answer the question, "Is CBD oil legal?" we have put together a chart to explain the level of legality in each state.
| STATE | CBD Legal Status | Additional Details |
| Alabama | Legal with conditions | For CBD products exceeding 0.3% THC is legal with medical cannabis card. Other CBD products with 0.3% THC and lower are legal. |
| Alaska | Legal | All CBD products are legal |
| Arizona | Legal | All CBD products are legal |
| Arkansas | Legal with conditions | For CBD products exceeding 0.3% THC is legal with medical cannabis card. Other CBD products with 0.3% THC and lower are legal. |
| California | Legal | Hemp derived CBD products are illegal, but marijuana derived CBD products are legal. This isn't really enforced, but there are those looking to rectify this law. |
| Colorado | Legal | All CBD products are legal |
| Connecticut | Legal | All CBD products are legal |
| Delaware | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. Other Hemp derived CBD products with 0.3% THC and lower are legal. |
| Florida | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Georgia | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. Other CBD products are legal with 5% THC or less. |
| Hawaii | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Idaho | Legal with conditions | All CBD products are allowed as long as no traceable THC is found. |
| Illinois | Legal | All CBD products are legal |
| Indiana | Legal with conditions | All CBD products are allowed as long as they contain less than 0.3% THC. |
| Iowa | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. Other CBD products are legal with 0.3% THC or less. |
| Kansas | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. All CBD products are legal as long as the THC content is 5% or less. |
| Kentucky | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Louisiana | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are only allowed with medical marijuana card. |
| Maine | Legal | All CBD products are legal |
| Maryland | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are only allowed with medical marijuana card. |
| Massachusetts | Legal | CBD Oil with less than 0.3% THC is fully legal for adults age 21 and up. For adults 18 to 20 years old to use CBD they must have a medical cannabis card. |
| Michigan | Legal | All CBD products are legal |
| Minnesota | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Missouri | Legal with conditions | CBD Oil with more than 0.3% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| Montana | Legal | All CBD products are legal |
| Nebraska | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Nevada | Legal | All CBD products are legal |
| New Hampshire | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| New Jersey | Legal | All CBD products are legal |
| New Mexico | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| New York | Legal | All CBD products are legal |
| North Carolina | Legal with conditions | Marijuana derived CBD oil is legal with medical marijuana card. Hemp derived CBD is fully legal. |
| North Dakota | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Ohio | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Oklahoma | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Oregon | Legal | All CBD products are legal |
| Pennsylvania | Legal with conditions | CBD Oil with more than 0.3% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| Rhode Island | Legal with conditions | CBD Oil with more than 0.3% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| South Carolina | Legal with conditions | CBD Oil with more than 0.9% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| South Dakota | Legal with conditions | Marijuana derived CBD is fully illegal. Hemp derived CBD oil is legal as long as no THC is detected. |
| Tennessee | Legal with conditions | CBD Oil with more than 0.9% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| Texas | Legal with conditions | CBD Oil with up to 1% THC is legal. |
| Utah | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Vermont | Legal | All CBD products are legal |
| Virginia | Legal | All CBD products are legal |
| Washington | Legal | All CBD products are legal |
| West Virginia | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Wisconsin | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Wyoming | Legal with conditions | Hemp derived CBD oil is fully legal, but Marijuana derived CBD oil is illegal. |
Hopefully, this chart helps to clear up some of the confusion surrounding CBD in your state. More research and information is constantly coming out about CBD, and laws are always being written, so it is important to check your local and state laws before purchasing or using CBD.
To make it easy, if a product is labeled as THC, then it will typically contain high concentrations of the cannabinoid THC. However, products like Full Spectrum CBD oil will also contain amounts of THC. If your state does not allow THC, try either a Broad spectrum or Isolate CBD option.
Sum It Up!
Let's revisit that first question: "Is CBD legal in the USA?" While it can be confusing, this information has explained what CBD products you can take and which ones you should steer clear of based on the state laws where you live.
Still, CBD may be a good option for anyone looking for possible improvement in discomfort, sleep, and mood symptoms. Just make sure to do your research to know the best form of use and does for you. Check out our other blogs for help breaking down different topics and questions related to CBD.
Why Buy From GreenIVe?
GreenIVe CBD products are made with high-quality hemp-derived CBD oil. Each product is third-party tested and expected. Depending on which state you live in, we have CBD products that meet specific state regulations. Start a chat or visit our list of products to start your CBD journey today.
GREENIVE CBD PRODUCTS
