August 15

Is CBD Oil Legal in All 50 States?

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The legal status of CBD has always been one that’s convoluted and messy. The 2018 Farm Bill somewhat cleared it up, making agricultural commodities like hemp legal, and thus, hemp-derived CBD. 

This hasn’t cleared up everything though, and many are still wondering, is CBD oil legal in all 50 states? The simplified answer is yes, but only under specific conditions.

CBD Is Legal In All 50 States But With Many Caveats

CBD Is Legal In All 50 States But With Many Caveats

CBD is legal across the United States if it is derived from hemp, not marijuana. Understanding the difference between hemp and marijuana is crucial to fully grasp the legal status of cannabidiol. 

Hemp and marijuana are both cannabis, but there is a key difference. Hemp has been bred for agricultural purposes, as a thick, fibrous plant perfect for making clothing, ropes, and other fibers. The main distinction is that hemp is bred to be low-THC, while marijuana has a range of THC levels. 

There are other differences as well, such as appearance and size. Marijuana plants tend to be bushier with broad leaves while hemp is thinner with different leaf shapes. 

While hemp has extremely low levels of THC, the plant can produce the same CBD as marijuana with high THC levels. Either can be used to extract CBD and provide therapeutic relief, but the legality changes depending on if the CBD is sourced from hemp or marijuana.

If CBD is derived from hemp, it is legal across the United States because of the 2018 Farm Bill’s legalization of this agricultural commodity.

Hemp-derived CBD

Hemp-derived CBD

Sure, CBD oil is legal in all 50 states, but that’s not enough information to fully explain the legality of the substance. Though the 2018 Farm Bill changed the status of CBD from a Schedule 1 controlled substance to an “agricultural commodity”, that only applies when the source follows all governmental guidelines, and never applies to marijuana-derived CBD. 

If the hemp used to extract CBD falls below .03% THC, adheres to state-federal guidelines, and is grown by a licensed grower, it is entirely legal. So long as these regulations are all met, hemp can be transported all across the United States. 

Marijuana-derived CBD

Marijuana-derived CBD

While hemp-derived CBD is legal across the board, it’s important to not mistakenly call CBD legal in all states if it’s sourced from marijuana. This is where the legality gets more complicated.

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States like Washington and Colorado with legal recreational cannabis naturally have legal marijuana-derived CBD. Some other states may allow marijuana-derived CBD for specific medical uses, but plenty others ban it entirely. 

States with recreational cannabis (Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington) are completely legal to use CBD, whether from hemp or marijuana.

Marijuana-Derived CBD for Medical Uses

With hemp-derived CBD oil now legal in all 50 states, many states have also legalized marijuana-derived CBD for specific medical uses. Unlike states where recreational cannabis is legal and therefore marijuana-derived CBD is legal, these states have made exceptions to their laws for certain medical conditions. 

Some states have legalized marijuana-derived CBD for broad medical uses, whereas others set requirements for the specific conditions it can be used for and the amount of THC that may be present. 

Excluding the already listed recreational states, the following states allow marijuana-derived CBD for a broad range of medical uses:

Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, and West Virginia

And then there are states that allow marijuana-derived CBD use for specific health conditions. These states are:

Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming

Most of these states require patients to obtain a medical marijuana card in order to use these products. The requirements for medical marijuana cards vary vastly across the United States, so you’ll have to check your state’s specific guidelines if you’re wanting to use marijuana-derived CBD in one of these states.

States with Strong Stances Against CBD

States with Strong Stances Against CBD

Now, you think we’d be able to comfortably call this cannabis oil legal in all 50 states, but it gets even stickier. Three states have made strong assertions against the use of CBD, making marijuana-derived CBD completely illegal and leaving hemp-derived in limbo. 

These states are:

Idaho, Nebraska, and South Dakota

If you’re in any of these states, be sure to thoroughly look into their CBD laws. Even so, much of the literature is contradicting and confusing, leaving even hemp-derived CBD to be in a sort of gray area. 

Be extra cautious if you’re in these states and using cannabidiol. 

The Bottom Line 

final thought cbd oil

Hopefully, this article clears up some misinformation surrounding the big question: is CBD legal in all states? The legal status is certainly not black and white. 

Hemp-derived CBD is legal in all 50 states, though three (Idaho, Nebraska, and South Dakota) have taken strong stances against the substance, putting it in a gray area. Use caution if you’re in these states. 

If you’re in a state where recreational marijuana is legal, you can use marijuana-derived CBD with no legal repercussions. Many states allow marijuana-derived CBD to help patients with medical conditions, as well. Each state has different laws regarding whether it can be used for broad symptoms or for more specific medical conditions. 

Hemp-derived CBD that has followed all governmental guidelines is legal according to the 2018 Farm Bill, which also legalized the transportation of hemp-derived CBD. This means it can be ordered online and shipped across the United States legally if the hemp follows all standards. 

Well, now you know is CBD oil legal in all 50 states?, so what are you waiting for?

“Representations regarding the efficacy and safety of [CBD Oil] have not been evaluated by the Food and Drug Administration. The FDA only evaluates foods and drugs, not supplements like these products. These products are not intended to diagnose, prevent, treat, or cure any disease. Click here [https://www.sciencedirect.com/science/article/abs/pii/S0304394018304099] to find evidence of a test, analysis, research, or study describing the benefits, performance or efficacy of [CBD Oil] based on the expertise of relevant professionals.”


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