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Doesn’t it seem like CBD is everywhere now? Vitamin Shoppe is planning to sell edible CBD supplements. CVS and Walgreens have plans to carry CBD products. Even Carl’s Jr offered a CBD burger on April 20. Even with all this hype… there are still a lot of people asking if CBD (aka cannabidiol) is even legal. The short answer is yes. CBD is legal. But, it’s not that simple. Let’s break it down.
CBD legality varies from state to state and even on the federal level. The main determining factor is whether the CBD comes from hemp or marijuana. Why does that matter? While hemp and marijuana are related… the laws associated with each plant are very different.
Hemp Vs Marijuana
Hemp and Marijuana come from the Cannabis Sativa family of plants. And, they look very similar because of this. There are differences in appearances, but the differences in their chemical compositions are more important.
Cannabis plants contain many different Cannabinoid compounds, but the two most dominant are Tetrahydrocannabinol (THC) and Cannabidiol (CBD). THC is the compound that induces the “high” effect while CBD doesn’t. But, both have been shown to provide positive benefits.
To keep it simple, hemp contains a very low concentration of THC (0.3% or less) while Marijuana typically has concentrations between 15% – 40%.
Is Hemp CBD Legal?
President Trump passed the Agricultural Improvement Act of 2018 (aka 2018 Farm Bill) on December 20, 2018. The 2018 Farm Bill reclassified Hemp from a Schedule I substance to an agricultural commodity. So, yes… hemp-derived CBD is legal as long as it is produced under the regulations defined by the 2018 Farm Bill. Those regulations are:
– The hemp must contain less than 0.3% THC.
– The hemp must adhere to the shared state-federal regulations.
– The hemp must be grown by a properly licensed grower.
If the hemp-derived CBD products follow these regulations… the 2018 Farm Bill also removed the restrictions on the sale, transportation & possession of hemp-derived CBD products, as well as the transportation of hemp-derived CBD products across state lines.
Is Marijuana CBD Legal?
This is where it gets a little complicated. As of 2019, there are 10 states where Cannabis (Marijuana & Hemp) is legal for recreational & medicinal use. These states are:
Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington.
It is legal for people in these states to use Hemp or marijuana-derived CBD products.
But, it doesn’t end there. As of 2019, there are also 47 states where marijuana-derived CBD is legal for medicinal use. These states are:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
It is legal for people in these states to use Hemp or marijuana-derived CBD products. The specific regulations vary from state to state. And, some states have specific requirements that must be met (such as a certain percentage of THC). But most require a medical marijuana card. And, how you can obtain a medical marijuana card varies from state to state as well.
There are three states where marijuana-derived CBD is illegal:
Idaho, Nebraska, and South Dakota.
Summary
Hemp-derived CBD is legal in all 50 states as long as they follow the 2018 Farm Bill regulations. Marijuana-derived CBD is legal in some states for recreational use and in most states for medicinal use under certain circumstances.
With that said, some laws are unclear and others are constantly changing. So, you should refer to a lawyer if you have any additional questions. We also recommend that you consult with your doctor to make sure that CBD is safe for you.
Legal Disclaimer: The information contained on this page is based entirely on independent research. While our team strives to provide the most accurate and current information by carefully reviewing relevant data from actual legislation and other credible resources, we are not lawyers or legal experts and this information should not be interpreted as legal advice. The information on this page was created to entertain and engage our readers and should not be used for any other purpose. For your safety, protection, and well-being, we strongly advise that you do not use this information to make any decision or take any action and strongly encourage you to seek legal counsel before taking any action related to Cannabidiol (CBD).