The Food and Drug Administration (FDA) approved Epidiolex – a CBD-infused drug used to treat seizures.
With the approval of a CBD-based drug, there is a buzz among the US citizens, “Is CBD legal in the US?”
Since research indicates several health benefits of CBD, people want to utilize it for better-looking skin and healthier life.
But it cannabis has been regulated for a long time. As such, the concern about its legality status naturally springs to mind.
On top of that, the approval of Epidiolex gives people reason to question whether or not other CBD products are legal.
Here’s everything you need to know about CBD and its legality in the US.
- Video Guide
- What Is CBD?
- 2018 Farm Bill Explained
- Hemp-Based CBD vs. Marijuana-Based CBD
- Is CBD Legal In All 50 US States?
- Are There Any States That Restrict CBD Products?
- Closing Thoughts
What Is CBD?
Cannabidiol (CBD) is a compound found in the Cannabis Sativa plant – also known as hemp or cannabis.
Since it’s derived from hemp, people confuse it with marijuana.
The truth is, CBD and marijuana differ in their chemical properties, effects, and benefits despite their similar chemical structure.
CBD products generally contain only 0.3% or less THC (Tetrahydrocannabinol) – the compound that gives you the high effect. On the other hand, marijuana is high in THC content, hence psychoactive.
To conclude, CBD is low in THC and does not get you high.
CBD craze is taking over the health and beauty industry. It is used to treat several skin conditions and health issues. Here’s what CBD can do.
- Acne. A 2014 study explored the effect of CBD on sebocytes – cells that produce the oily substance known as sebum. It is typically responsible for maintaining healthy skin, but excessive production can lead to acne.
CBD might prevent the excessive production of sebum, reducing acne.
- Epilepsy. Clinical trials indicate that CBD is effective in treating epileptic seizures. The antioxidant and anti-inflammatory properties of CBD help promote neuroprotective function.
- Alzheimer’s disease. Research indicates that CBD may help reduce the symptoms related to Alzheimer’s and may improve cognitive function.
- Chronic pain. An animal study indicates that CBD suppresses pain and inflammation. So, if you experience chronic muscle or joint pain, CBD consumption can reduce the symptoms.
2018 Farm Bill Explained
2018 Farm Bill legalized the cultivation of industrial hemp in the United States. So, hemp is legal in the US; nonetheless, this legalization comes with a few restrictions.
First, hemp should not contain more than 0.3% THC, according to the 10113 section of the Farm Bill.
Any cannabis plant containing more than 0.3% THC will be considered non-hemp cannabis – or marijuana.
Second, there are a few regulations on hemp cultivation and production. The state department of agriculture should consult with the state’s chief law enforcement and governor as per the 10113 section.
After devising a plan, it should be submitted to the United States Department of Agriculture (USDA) secretary. Once the secretary of USDA approves the plan, only then can the state license and regulate hemp.
In other words, farmers cannot grow hemp as freely as they can grow tomatoes, for instance.
Third, if you cultivate hemp without a license or produce cannabis with more than 0.3% THC, you violate the federal hemp law.
The question remains, is CBD legal?
CBD is legal only if hemp is produced and grown in compliance with the Farm Bill, federal regulations, and state policies. Besides that, hemp produced in other settings remains illegal under Schedule I of the Farm Bill (excluding Epidiolex).
What’s more, the CBD laws vary in each state. For instance, a few states only legalize medical marijuana and CBD products approved by the FDA. In contrast, others allow CBD products containing less than or equal to 0.3% THC.
CBD State Laws at a Glance
To clarify CBD legalization status further, here is a more simplified explanation.
- CBD products with 0.3% or less THC are federally legal.
- Hemp CBD and marijuana laws should not be mixed or confused – a few states prohibit both, others one and not the other, and a few allow both.
- The legalization status of CBD varies per state. So, it’s best to confirm your state laws.
Hemp-Based CBD vs. Marijuana-Based CBD
The main difference between both plants is that marijuana contains less CBD more THC, whereas hemp contains more CBD and less THC.
Therefore, marijuana-based CBD products – being high in THC – might be illegal in a few US states.
So, it’s best to go for hemp-based CBD products like NV-US Organics CBD oil to be on the safe side.
Is CBD Legal In All 50 US States?
Here’s a quick list explaining the legality status of CBD in different states:
|Alabama||Products approved by the FDA containing THC below 0.3% are legal. Marijuana-derived CBD oil is illegal.|
|Alaska||Hemp-derived CBD products approved by the FDA are legal.|
|Arizona||CBD products approved by the FDA and medical marijuana are legalized.|
|Arkansas||Legalized CBD products below 0.3% THC and approved by the FDA.|
|California||Legalized CBD products and medical marijuana approved by the FDA.|
|Colorado||Hemp-derived CBD products approved by the FDA are legal.|
|Connecticut.||CBD products approved by the FDA, and medical marijuana are legalized.|
|Delaware||Hemp-derived CBD products approved by the FDA are entirely legal in the state.|
|Florida||The cultivation and consumption of hemp are legalized as long as the product contains THC below 0.3%.|
|Georgia||CBD products with THC below 0.3% are legal.|
|Hawaii||Hemp-derived CBD products with THC below 0.3% are legal.|
|Idaho||CBD products must contain zero THC. Products containing THC are not legalized except Epidiolex – the FDA-approved CBD drug.|
|Illinois||Medical marijuana and hemp-derived CBD approved by the FDA are legalized.|
|Indiana||CBD oil should have THC below 0.3% and not include other controlled substances.|
|Iowa||Legalized medical cannabidiol as long as its in accordance with the Iowa Code Chapter 124E and 641 IAC 154.|
|Kansas||Legalized CBD products approved by the FDA|
|Kentucky||CBD products with less than 0.3% THC are legal.|
|Louisiana||Legalized CBD products approved by the FDA and medical marijuana|
|Maine||Hemp-derived CBD products with less than 0.3% THC are legal.|
|Maryland||Legalized medical marijuana and products with less than 0.3% THC, approved by the FDA.|
|Massachusetts||The production and consumption of hemp-derived CBD products are legal in Massachusetts.|
|Michigan||Hemp-derived CBD products with less than 0.3% THC are legalized.|
|Minnesota||CBD products approved by the FDA are legal.|
|Mississippi||CBD products with THC below 0.3% are legal.|
|Missouri||Hemp-derived CBD products and those approved by the FDA are legalized.|
|Montana||Medical marijuana and products approved by the FDA are legal.|
|Nebraska||Hemp-derived CBD products with less than 0.3% THC are legal.|
|Nevada||Legalized medical and recreational marijuana.|
|New Hampshire||CBD products with less than 0.3% THC are legal.|
|New Jersey||Hemp-derived CBD approved by the FDA is legal.|
|New Mexico||Medical marijuana and CBD products approved by the FDA are legal.|
|New York||CBD products are legal as long as they contain 0.3% or less THC.|
|North Carolina||CBD products approved by the FDA are legal. However, it’s illegal to grow hemp.|
|North Dakota||CBD products derived from industrial hemp and those containing 0.3% or less THC are legal.|
|Ohio||CBD products that the FDA approves are legal.|
|Oklahoma||Hemp-derived CBD products approved by the FDA are legal.|
|Oregon||Medical marijuana and FDA-approved CBD products are legal.|
|Pennsylvania||Medical marijuana and FDA-approved CBD products are legal.|
|Rhode Island||CBD products approved by the FDA are legal.|
|South Carolina||The selling and purchase of hemp-derived CBD are legal in South Carolina. However, CBD products must contain THC below 0.3%.|
|South Dakota||FDA-approved CBD products are legal.|
|Tennessee||CBD products with THC below 0.3% are legal.|
|Texas||Medical marijuana and CBD products approved by the FDA are legal.|
|Utah||CBD products are legal as long as they contain THC below 0.3%.|
|Vermont||Medical marijuana and CBD products approved by the FDA are legal.|
|Virginia||CBD products following the FDA guidelines are legal.|
|Washington||Hemp-derived CBD products below 0.3% THC are legal.|
|West Virginia||Medical marijuana and CBD products approved by the FDA are legal.|
|Wisconsin||CBD products approved by the FDA are legalized.|
|Wyoming||CBD products are legal as long as they follow the guidelines stated by the FDA.|
Are There Any States That Restrict CBD Products?
No state entirely restricts CBD products. However, manufacturing, selling, and consumption come with a few restrictions. Currently, Idaho is the only state with strict policies regarding CBD usage.
For instance, according to the Idaho government website, CBD products with zero THC are legal. Any products containing more THC are currently banned.
In other words, Idaho citizens can purchase a CBD product as long as it has zero THC, like CBD isolates.
Since people are willing to purchase CBD for health and wellness purposes, they wonder about its legalization status.
As long as a CBD product contains 0.3% or less THC, it is legal at the federal level. But, again, the legality status may vary per state. So, it’s best to do your homework to see what’s permissible in your state.