The answer is Yes.
But it depends where the CBD is derived from.
Is CBD legal in all 50 states? But the legality of CBD can be confusing.
So here’s the bottom line answer-
If your CBD is from Hemp and has a THC content of less than .03%, it is legal in all 50 states.
However, If the CBD is derived from marijuana then it’s not legal federally.
CBD derived products with a THC content of more than 0.3% are considered to be in the same class as marijuana and are therefore illegal in the USA. An exception to this rule is when the CBD is prescribed under a medical marijuana program that is licensed. To permit the use of high THC content, there are Federal Regulations set out in the Farm Bill on the use of cannabidiols extracted from Hemp.
Is CBD Legal, But With A Slight Glitch
When CBD is made from marijuana plants and has a high level of THC, it is legal in some states where marijuana itself is a legal commodity.
Let’s go through the complete history.
Until 2018, Hemp and Marijuana were under the same list of controlled substances in the USA. The American government decided to remove the restriction from hemp after recognizing its benefits. Hemp products are highly regarded for their medical benefits. Hemp is now included in the world agricultural list like wheat, rice, and corn.
Still, Hemp is cannabis, and there is apprehension about its usage.
Some people think it has psychoactive effects and is opposed to it.
To encourage the fair practice and trade of hemp, the Government appointed the FDA (Food and Drug Administration) to regulate hemp production. The FDA monitors and regulates the production of Hemp oil and its products. The government also permits states to impose rules and restrictions on trading and consumption of CBD products.
All this is done to ensure consumers get CBD with 0 or less than .03% THC level making it a complete medical product. Nowadays, out of the 50 states, some states embrace CBD happily while others are still skeptical.
CBD Vs THC: Legality
Laws of cannabis are evolving regularly in the United States. Still, Marijuana and THC are prohibited under federal laws because they are controlled compounds and listed under the Red list.
The 2018 Farm Bill has opened the doors for farmers to cultivate industrial hemp and also declared the use of CBD products legal, throughout the US.
Only 47 states had legal recognition of CBD before the inception of the Farm Bill. Providentially, hemp-derived CBD and its products have become entirely legal for use in almost 50 states of the US.
Despite several states have made recreational use of THC and some forms of marijuana legal, yet THC is known as defamed drug and classified into Schedule I drug by the Drug Enforcement Administration (DEA).
What ‘State Law’ Says on CBD’s Legality?
Although CBD derived from Hemp is now federally legal, many cities and states still haven’t caught up with the federal laws.
For instance, products containing any amount of THC are still illegal in Texas, on the other hand, Colorado recently made it legal to all compounds of the hemp plant to use.
If you are keen to know- CBD products are legal in a specific way, so you need to become more familiar with the local cannabis laws or you can continue reading to know the exact answer.
For the Reform of Marijuana Laws, Organizations such as- the Marijuana Policy Projects, the National Conference of State Legislatures, and the National Organisations are maintaining databases & interacting visualizations for making it easy to understand what’s the status in each state. But for getting more precise updated information, don’t forget to check the Agriculture Department & the state’s Criminal Code.
Refer the below data obtained from the National Conference of State Legislative-
What ‘Federal Laws’ Say on CBD’s Legality?
The Federal government only recognizes 2-main forms of Cannabis Sativa plant: Marijuana & Hemp. Hemp is considered as the least processed form of the Cannabis plant and contains a trace amount of Delta-9-Tetrahydrocannabinol or THC – the psychoactive component in cannabis that causes a ‘high,’ and a high levels of Cannabidiol or CBD, a chemical compound known for its medicinal properties.
According to research, Marijuana is a type of Cannabis with higher levels of THC, even sometimes more than 30% of the content & contains lower levels of CBD (average of less than 0.2% of the compound).
In 2018, the Farm Bill aka the Agriculture Improvement Act of 2018 declared hemp-derived CBD as Legal which contains no more than 0.3% THC by dry weight.
On the other hand, since the Drug Enforcement Administration (DEA) classifies marijuana as a Schedule I Drug, from then, Marijuana-derived CBD remains illegal under the Controlled Substances Act. In DEA parlance, the administration is with the opinion that there’s no currently approved medical use, and even possess a high potential for abuse.
The Legality of Hemp CBD vs Marijuana CBD
Marijuana & Hemp are both terms for describing the two varieties of Cannabis and both are eligible to produce different levels of CBD.
Being members of the same family, marijuana & hemp share many similarities, but on a chemical level, both the plants have different amounts of Tetrahydrocannabinol (THC), the psychoactive compound found in Cannabis, which we already mentioned.
Now that you are aware of the legality of the two main sources of the CBD, let us discuss the laws of Marijuana-derived CBD versus CBD derived from Hemp, how the laws vary from state to state.
Is Hemp-Derived CBD Legal?
The inception of Farm Bill 2018, recategorized hemp from a Schedule I Substance to an “Agricultural commodity.”
A lot of people are in misconception about the 2018 Farm Bill, that regardless of CBD’s driven from Hemp or Marijuana, the bill legalized CBD. This is not true.
Even on the guidance of DEA, CBD is considered as illegal & categorized under a “Schedule I Substance.”
But if however, the hemp-derived CBD clings to the new farm bill’s induced set of regulations, then it will not be considered as a Schedule I Substance and is legal. Set of regulations are:
A properly licensed grower must have cultivated Hemp
Less than 0.3% of THC must be contained by Hemp
Shared state-federal regulations must be adhered by Hemp
2018 Farm Bill not only removed the restrictions on transportation, sale, possession of CBD products driven by Hemp but also allowed its transportation across the state lines as long as the products follow above-defined regulations.
Is Marijuana-derived CBD Legal?
However, the CBD derived from Hemp has become federally legal, but on the other hand, a bit complicated situation is with Marijuana-derived CBD, due to its origin from an illegal plant.
Marijuana is legal for recreational purposes in some states like Colorado & California, along with so is marijuana-derived CBD. And under certain conditions, other states also allowed marijuana-derived CBD usage in specific medical conditions, and the rest of the states strictly prohibited it.
States where CBD is fully Legal
Since legal cannabis has got a push that made its enough progress, therefore, now the only three states left where any form of CBD is entirely illegal. You can acquire CBD if you are an American native but not a native of these three states.
These 3 states are:
- South Dakota
Fortunately, citizens of these states can opt for hemp-based CBD products that are available at Hempeli, CBD store. The only thing to consider is to check the status of the CBD extract of the products. Avoid buying Marijuana-based products.
States where Marijuana is fully legal
Without concern for the CBD extract type(marijuana or hemp), you can openly use all forms of CBD products only on a single condition that if you are a citizen of these following 10 states. These states have fully legalized all forms of cannabis for medical & recreational use. This list doesn’t involve Washington D.C, which also has full cannabis legalization.
10 states with legal cannabis are:
- Michigan (recently added)
After the inception of the 2018 Farm Bill, hemp-derived CBD has become fully legal in the remaining 37 states of the US. As per jurisdiction, however, specific state laws are yet surrounded by the products driven from Marijuana.
States where Medical Marijuana is Legal
There are 23 states where only at a medical level recreational weed is legal. These states are:
- New york
- North Dakota
- New Hampshire
- New Mexico
- West Virginia
- Rhode Island
- New Jersey
Missouri & Utah are the most recent states added to the list of legalized medical marijuana. Like Michigan, Oklahoma also voted in 2018 to legalize medical marijuana.
States where only CBD is Legal
Still, there are 14 states remaining with some form of legal medical cannabidiol and allowance on what requirements people can use: the National Organization for the Reform of Marijuana Laws (NORML), describes them all.
In these 14 states, the laws can vary widely, for legal use medical CBD can be allowed here, but with differing degrees. Also, on certain medical conditions, very strict rules are followed by many of these states, for those who cannot and can get legal approval for the consumption of CBD.
These 14 states are where only CBD Oil is legal:
- North Carolina
- South Carolina
If Hemp got complete federal legalization, it will bring a huge boost for the CBD industry, as it will make hemp-extracted CBD oil containing a trace amount of THC legal. New research on CBD would allow more available forms of CBD to flourish in the market. More research will also bring the potential possibility of coming closer to full legalization.