Is CBD Legal in the United States of America?

Written by Adrian Fleming in CBD

CBD legality in America | CBD in America

Misconceptions surround CBD and its legality because of its association with the cannabis plant. CBD is a cannabinoid, meaning that it comes from the cannabis plant species. This article will offer a state-by-state guide on the legality of CBD in the United States.

Is CBD Legal in the United States of America? Hemp-derived CBD oil is legal at the federal level but must contain less than 0.3% THC content. Any more than 0.3% THC means it is legally seen as Marijuana and, depending on the state could be seen as illegal.

Many variables have to be considered with CBD because it depends on the product, the quality of it and how some people metabolize CBD differently, just as with any biohacking supplement.

Table of Contents
  1. The 2018 Farm Bill and FDA regulations to consider
  2. The legality of marijuana for medical and recreational use
  3. State-by-state guide (alphabetically)
  4. Conclusion

The 2018 Farm Bill and FDA regulations to consider

CBD extracted from marijuana remains illegal, defined as a Schedule I drug under the United States Controlled Substances Act.

The 2018 Farm Bill, signed in December 2018, legalized hemp at the federal level as it removed it from the federal list of controlled substances.

Now it is seen as an agricultural commodity. Therefore, derivatives from it – like CBD – are legal at a federal level.

However, FDA regulations still apply, meaning that CBD derived from Hemp is legal to sell as a cosmetic ingredient, but under federal law cannot be sold as an ingredient in the food, dietary supplements or animal food.

The legality of marijuana for medical and recreational use

There are currently 10 states in the United States which have legalized the use of marijuana for both medical and recreational usage, these are:

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington D.C

In these ten states, no threat should be felt in using CBD whether it comes from Hemp or Marijuana. Nonetheless, always take caution and do your own research.

There are currently 5 states which have strict rules on CBD products:

  • Idaho, Kansas, and Louisiana
  • Nebraska
  • South Dakota

In Idaho, Kansas, and Louisiana, anything with any amount of THC content is illegal. We don’t recommend possessing, or selling CBD of any kind in this state unless it has 0.0% THC content.

That said, some shops still sell CBD products, but purchase at your own risk.

In Nebraska, CBD oil is still seen as marijuana even after the passing of the 2018 Farm Bill. Again, shops still sell CBD products, but take caution in purchasing and possessing any kind of CBD products.

Perhaps the most strict state on CBD, South Dakota’s Governor Kristi Noem said CBD should be illegal despite federal law because “we don’t know how much THC is in the product” and their Attorney General recently said that both hemp and CBD are still illegal in the state. We don’t recommend, possessing, purchasing or selling any type of CBD product in this state.

State-by-state guide (alphabetically)

CBD is legal under the 2018 Farm Bill, the owner of a CBD shop was arrested last year before the passing of the 2018 Farm Bill.

Alaska has legalized marijuana for both recreational and medical usage. Under the 2018 Farm Bill, CBD is legal and unlikely to present any problems with its usage.

Because of the legality of marijuana, however, be cautious in taking CBD made from marijuana or by unlicensed growers across state lines, as the product is likely to contain more than the federal 0.3% THC regulation and would be illegal to possess in some other states.

CBD is legal under the 2018 Farm Bill. Use without threat in this state.

CBD had been legal to sell here since before the passing of the 2018 Farm Bill. Marijuana laws are strict, however.

As with Alaska, marijuana is legal for both medical and recreational usage. CBD is also legal, but be cautious in taking your product across state lines as it could be illegal in another state.

As with California and Alaska, marijuana is legal for both medical and recreational use. CBD is also legal, be cautious in taking it across state lines as again it could illegal in other states.

CBD is legal under the 2018 Farm Bill and the medical marijuana industry is booming in the state, but possessing marijuana without a medical license could get you fined up to and over $150.

CBD derived from Hemp has been legal since 2014, way before the passing of the 2018 Farm Bill. Consume, possess and purchase without threat in this state.

Before the passing of the 2018 Farm Bill, CBD was often seized but since strictness has eased. Possession, consumption, and sale should be relatively risk-free now.

CBD oil is legal here since the passing of the 2018 Farm Bill. However, Georgia is notoriously harsh with its marijuana laws, it is entirely legal to possess, consume and sell CBD here but ensure that your product abides by the 0.3% THC content guideline.

Medical marijuana has been legal here since 2000. CBD oil is entirely legal, consume, sell and possess without threat.

As aforementioned, in Idaho anything with any amount of THC content is illegal. Do not possess, sell or get caught with CBD products unless they contain 0.0% THC content.

Having small amounts of marijuana is decriminalized in the state. CBD is legal under the 2018 Farm Bill.

Under the 2018 Farm Bill, CBD is legal to sell, possess and buy in the state. Nonetheless, police departments in the state have said that anyone in possession of the product could potentially get in trouble with the law, even if the product is within the legal 0.3 percent THC limit for CBD products

CBD is legal under the 2018 Farm Bill. Iowa has strict laws on marijuana and CBD can only be sold with a license.

As with Idaho, state law says CBD oil is legal if it has 0.0% THC content.

CBD is completely legal under the 2018 Farm Bill. Possess, sell and buy without any threat.

CBD with more than 0.0% THC content has been outlawed as illegal in the state, stores caught selling CBD products have also been issued citations.

The use of marijuana both medically and recreationally is legal. As with other states like this, take precautions in moving your CBD over state lines as the product could be illegal in other states.

CBD is legal under the 2018 Farm Bill. Use, possess, buy and sell without threat.

Marijuana is legal both recreationally and medically, take precautions in transporting CBD products from this state to other states as the product may be illegal.

Same as Massachusetts.

CBD is legal under the 2018 Farm Bill, with the first CBD store opening shortly after its passing.

CBD possession is allowed in only limited circumstances in this state.

The user must be diagnosed with a debilitating epileptic condition and the product “must have been obtained from or tested by the National Centre for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.” The THC content must be no more than 0.5%.

CBD is legal under the 2018 Farm Bill. Sell, buy, and possess risk-free.

Under the 2018 Farm Bill, CBD is legal.

As aforementioned, CBD oil is still seen as marijuana even after the passing of the 2018 Farm Bill. There are shops, but be cautious in possessing, selling and buying CBD products here.

It is legal to possess up to 1 ounce of marijuana here and CBD is fully legal under the 2018 Farm Bill.

CBD is legal under the 2018 Farm Bill.

CBD is legal under the 2018 Farm Bill but purchase from trustworthy, reputable stores here as many are low rated.

Recently passed a law that authorized the sale of CBD products with a permit.

CBD is legal under the 2018 Farm Bill.

CBD is legal under the 2018 Farm Bill.

State laws still see Hemp as a controlled substance but under the 2018 Farm Bill, CBD is seen as legal.

Authorities seem to be harsh in this state with recorded arrests and trials for possession. The state pharmacy board says that CBD can only be sold (and therefore purchased) from 9 of the 56 licensed marijuana dispensaries. CBD is legal under the 2018 Farm Bill, however.

CBD is legal under the 2018 Farm Bill.

Marijuana is legal both recreationally and medically, the CBD industry is one of the biggest in the country in this state. Take caution in moving CBD products from this state to others as it may be illegal.

CBD is legal under the 2018 Farm Bill.

Small amounts of marijuana for recreational use is decriminalized and CBD is legal under the 2018 Farm Bill.

CBD is legal only for specific seizure disorders.

One of the if not the most strict state on CBD the Attorney General recently said that both hemp and CBD are still illegal in the state. It’s not recommended to possess, purchase or sell any type of CBD product in this state.

CBD is legal under the 2018 Farm Bill, with under 18s also being able to purchase products.

Police in Texas have said possessing CBD with even trace amounts of THC could lead to charges. Possess, sell and buy products that contain 0.0% THC content to be safe.

CBD is legal under the 2018 Farm Bill, but the products have to be tested so that purchasers know what they are buying.

Marijuana for both medical and recreational use is legal in this state. CBD completely legal and is a big industry here also.

CBD is legal under the 2018 Farm Bill.

Washington and Washington, D.C.

CBD is legal under the 2018 Farm Bill.

CBD is legal under the 2018 Farm Bill.

The state’s Department of Justice in 2018 had said that CBD is only legal in specific circumstances with approval from a doctor. Keep an eye on law changes here, however. CBD is legal under the 2018 Farm Bill, however.

State and Federal law clash here as state law makes it a felony to possess anything more than 0.3 grams of oil that contain trace amounts of CBD.

Conclusion

It is crucial to check the laws in each state before using, buying, selling or possessing CBD in the United States.

Consequences can be harsh so make sure to take precautions in even moving the product you have, ensure you know what is in the product and can prove so as well.

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