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 hemp plant (Industrial or Cannabis Sativa 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 everything that includes CBD in more detail.
What Are The Benefits of CBD?
The endocannabinoid system (ECS) helps maintain bodily homeostasis, and CBD interacts with the ECS, specifically stimulating CB1 receptors to encourage the body's production of its own cannabinoids. These cannabinoids then work to restore balance within the body. Research suggests CBD may help improve sleep, discomfort levels, and mood.
While more research is needed, CBD may be a helpful option for these issues. It's available in various forms (topicals, gummies, capsules, oils, etc.), and it's recommended to consult a physician before use. The focus will now shift to the legality of CBD oil and other forms based on state regulations. If you are interested in CBD dosing, read our blog: CBD Dosage: How much should I take?
Farm Bill And Cannabidiol Legal Status US
Prior to the 2018 Farm Bill, hemp and CBD were federally illegal. The Agriculture Improvement Act of 2018, or Farm Bill, legalized the production, sale, and use of hemp and CBD products containing less than 0.3% THC, removing hemp from the list of controlled substances and federally legalizing cannabis-derived CBD.
However, CBD derived from marijuana remains federally illegal. While hemp-derived CBD is currently legal under these conditions, full federal acceptance is anticipated, pending the Drug Administration's FDA approval.
Is CBD Legal In Every State?
Despite federal legalization through the 2018 Farm Bill, states retained the power to regulate CBD, leading some to resist full legalization due to misconceptions equating CBD with intoxicating marijuana.
Concerns also arose about the permissible 0.3% THC content in CBD products. However, federal legalization facilitated research demonstrating that CBD itself nor the federally allowed trace amounts of THC produce intoxicating side effects.
So, is CBD legal in the United States? Currently, CBD is legal as long as the THC content is low, but it will become truly accepted by all once the Food and Drug Administration signs its FDA-approved seal on CBD. They ensure that all substances that are eaten are safe for the public's health.
State-Level CBD Legality
As public understanding of the differences between CBD and marijuana grew through increased research and information, states began legalizing CBD. Today, CBD is legal in some form in every state, though regulations vary from unrestricted access to specific conditions for purchase and sale. A chart has been compiled to detail the specific legality of CBD 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 and federal 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?
Buy CBD products made by GreenIVe. GreenIVe 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.
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