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Is CBD Legal In the US?

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. 

Content Overview:

What Is CBD?

Image showing a couple of hemp plants.

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

A photograph of hemp plant being harvested in a farm.

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.

Here’s a quick list explaining the legality status of CBD in different states:

StateLegality Summary
AlabamaProducts approved by the FDA containing THC below 0.3% are legal. Marijuana-derived CBD oil is illegal.
AlaskaHemp-derived CBD products approved by the FDA are legal.
ArizonaCBD products approved by the FDA and medical marijuana are legalized.
ArkansasLegalized CBD products below 0.3% THC and approved by the FDA.
CaliforniaLegalized CBD products and medical marijuana approved by the FDA.
ColoradoHemp-derived CBD products approved by the FDA are legal.
Connecticut.CBD products approved by the FDA, and medical marijuana are legalized.
DelawareHemp-derived CBD products approved by the FDA are entirely legal in the state.
FloridaThe cultivation and consumption of hemp are legalized as long as the product contains THC below 0.3%.
GeorgiaCBD products with THC below 0.3% are legal.
HawaiiHemp-derived CBD products with THC below 0.3% are legal.
IdahoCBD products must contain zero THC. Products containing THC are not legalized except Epidiolex – the FDA-approved CBD drug.
IllinoisMedical marijuana and hemp-derived CBD approved by the FDA are legalized.
IndianaCBD oil should have THC below 0.3% and not include other controlled substances.
IowaLegalized medical cannabidiol as long as its in accordance with the Iowa Code Chapter 124E and 641 IAC 154.
KansasLegalized CBD products approved by the FDA
KentuckyCBD products with less than 0.3% THC are legal.
LouisianaLegalized CBD products approved by the FDA and medical marijuana
MaineHemp-derived CBD products with less than 0.3% THC are legal.
MarylandLegalized medical marijuana and products with less than 0.3% THC, approved by the FDA.
MassachusettsThe production and consumption of hemp-derived CBD products are legal in Massachusetts.
MichiganHemp-derived CBD products with less than 0.3% THC are legalized.
MinnesotaCBD products approved by the FDA are legal.
MississippiCBD products with THC below 0.3% are legal.
MissouriHemp-derived CBD products and those approved by the FDA are legalized.
MontanaMedical marijuana and products approved by the FDA are legal.
NebraskaHemp-derived CBD products with less than 0.3% THC are legal.
NevadaLegalized medical and recreational marijuana.
New HampshireCBD products with less than 0.3% THC are legal.
New JerseyHemp-derived CBD approved by the FDA is legal.
New MexicoMedical marijuana and CBD products approved by the FDA are legal.
New YorkCBD products are legal as long as they contain 0.3% or less THC.
North CarolinaCBD products approved by the FDA are legal. However, it’s illegal to grow hemp.
North DakotaCBD products derived from industrial hemp and those containing 0.3% or less THC are legal.
OhioCBD products that the FDA approves are legal.
OklahomaHemp-derived CBD products approved by the FDA are legal.
OregonMedical marijuana and FDA-approved CBD products are legal.
PennsylvaniaMedical marijuana and FDA-approved CBD products are legal.
Rhode IslandCBD products approved by the FDA are legal.
South CarolinaThe selling and purchase of hemp-derived CBD are legal in South Carolina. However, CBD products must contain THC below 0.3%.
South DakotaFDA-approved CBD products are legal.
TennesseeCBD products with THC below 0.3% are legal.
TexasMedical marijuana and CBD products approved by the FDA are legal.
UtahCBD products are legal as long as they contain THC below 0.3%.
VermontMedical marijuana and CBD products approved by the FDA are legal.
VirginiaCBD products following the FDA guidelines are legal.
WashingtonHemp-derived CBD products below 0.3% THC are legal.
West VirginiaMedical marijuana and CBD products approved by the FDA are legal.
WisconsinCBD products approved by the FDA are legalized.
WyomingCBD 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. 

Closing Thoughts

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.

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