Key Takeaways
- CBD is legal at the federal level and does not require a prescription.
- Different states may have varying regulations regarding hemp and CBD products.
- CBD products sold in stores are considered dietary supplements and are not subject to the same standards as pharmaceutical drugs.
- In states where recreational marijuana is legal, CBD can be purchased from licensed dispensaries.
- In states where recreational marijuana is illegal, CBD products may be limited, and some stores may require a medical marijuana card.
When looking for hemp-related products, you may stumble upon many different opinions concerning CBD, its properties, potential effects, and proper use. Among those, a particularly common question is whether you need a prescription to purchase and use CBD products.
This should not come as a surprise, as the laws and regulations regarding medical marijuana use can get confusing, to say the least. The short answer is no — you do not need a prescription for CBD. However, this is just the tip of the iceberg, and there are many more factors to consider.
Medical Marijuana and CBD
The misconception that you need a doctor’s prescription in order to use CBD most probably stems from the state laws concerning medical marijuana.
If you suffer from any of the conditions outlined by the state laws, you most likely can ask for a medical marijuana card and purchase cannabis products in special dispensaries. But CBD products, such as gummies and softgels, do not fall under the same category.
CBD products sold by regular CBD stores are not pharmaceutical products. Most of them are considered dietary supplements, and as such, they are not subject to the same rigorous standards that apply to medicines.
The Legal Status of CBD
Different states have their own regulations regarding hemp and CBD products, including what kinds of products they allow and where you can purchase them. So, even though CBD was made federally legal with the 2018 Farm Bill, this does not necessarily mean that it is freely available in all 50 states.
At this point, you’re probably well aware of the fact that in order to be legally sold, CBD products need to contain less than 0.3% THC. It is the psychoactive compound in marijuana that gets users “high.”
However, it’s important to note that this rule only applies to hemp-derived CBD. CBD derived from marijuana is only allowed for medicinal use in specific states.
States Where Recreational Cannabis Is Legal
If you live in California, a state where recreational marijuana use is legal, then you can purchase CBD products from any licensed dispensary, regardless of THC content.
It is worth mentioning that not all stores can sell cannabis products. This is due to the fact that there is a separate state license required to sell cannabis, and not all businesses have one.
States Where Recreational Cannabis Is Illegal
If you happen to live in a state where recreational marijuana is still illegal (even if medicinal use has been legalized), the CBD products available to you will likely be limited. Some stores may require you to have a medical marijuana card, even for THC-free CBD products. However, again, this will depend very much on a state-by-state basis or even store-by-store.
Final Thoughts
In conclusion, you do not need a prescription for CBD in most states.
Nevertheless, even if it is legal to purchase and consume hemp-derived products with less than 0.3% THC content in your state, some stores may have more stringent requirements regarding who can buy them. This way, they can ensure that the product is not sold to those under 18 years of age.
FAQ
How does CBD compare to medical marijuana in terms of legality?
CBD is legal at the federal level and does not require a prescription, while the legality of medical marijuana varies by state. In states where it is legal, patients with certain conditions can obtain a medical marijuana card to purchase cannabis products from dispensaries.
Are all CBD products considered dietary supplements?
Most CBD products sold in stores are considered dietary supplements and are not subject to the same standards as pharmaceutical drugs.
Can I purchase CBD products in any state in the US?
Different states have their own regulations regarding hemp and CBD products, so availability may vary. While CBD was made federally legal with the 2018 Farm Bill, it may not be freely available in all 50 states.
Do I need a medical marijuana card to purchase CBD products in states where recreational marijuana is illegal?
It depends on the store and the state. Some stores may require a medical marijuana card for CBD products, even if they contain no THC, but it varies by state and store.
Is it legal for people under 18 to purchase CBD products?
At a federal level, there is no age restriction on the purchase of CBD products. That being said, some states may have their own regulations regarding selling CBD products to minors.
