Where is CBD Oil Legal in the US?
13:10 05 September 2019
The Farm Bill passed in 2018 made hemp-derived CBD oil legal in all 50 US states. But the legislation related to CBD, especially marijuana-derived CBD, is still perplexing.
That’s why we studied the law in each US state and found out where exactly CBD oil is legal.
The Difference Between Hemp and Marijuana
As mentioned before, CBD products derived from industrial hemp are legal throughout the USA. However, CBD derived from marijuana is still not legalized on a federal level.
So what is the difference between hemp and marijuana? Both of them belong to the Cannabis (Cannabaceae) family, which makes them very similar. The main difference is the content of THC in each of them: Any cannabis plant with a THC concentration less than 0.3% is classified as hemp, whereas cannabis plants with a THC concentration greater than 0.3% are classified as marijuana.
In addition, marijuana contains somewhat lower percentages of CBD compared to help. For this reason, most CBD manufacturers use hemp for their products and not marijuana. Using marijuana requires extracting a certain amount of theTHC present in the plant.
To conclude, CBD oil derived from hemp is legal everywhere, whereas CBD oil derived from marijuana is legal only in the states where marijuana is legal.
Are There States Where CBD Oil is Illegal?
The Farm Bill made CBD products that contain 0% THC legal in every US state. However, since this legal change is quite new, it might take some states time to fully legalize marijuana-derived CBD.
States where it is allowed to use CBD derived from marijuana for medicinal and recreational purposes: Alaska, Colorado, California, Maine, Michigan, Massachusetts, Oregon, Nevada, Vermont, and Washington.
States where CBD derived from marijuana is allowed for medicinal use: Alaska, Arkansas, Arizona, California, Connecticut, Colorado, Delaware, Hawaii, Florida, Illinois, Maryland, Maine, Massachusetts, Minnesota, Michigan, Montana, New Hampshire, Nevada, New Jersey, New York, New Mexico, North Dakota, Oregon, Ohio, Rhode Island, Pennsylvania, Vermont, Washington, and West Virginia.
States where marijuana-derived CBD is permitted under certain circumstances. Most of these states require patients to own a special medical card before purchasing CBD products derived from marijuana: Alabama, Indiana, Georgia, Iowa, Kentucky, Missouri, Mississippi, North Carolina, South Carolina, Oklahoma, Texas, Tennessee, Virginia, Utah, Wisconsin, and Wyoming.
States where marijuana-derived CBD is completely illegal: South Dakota, Nebraska, and Idaho.
Starting from June 2019, some states have amended their legislation related to CBD. Some of the highlights include:
The sale of industrial hemp is now legalized in Connecticut. Hemp is no longer on the list of scheduled substances, but CBD is still there.
Florida is about to legalize hemp and all hemp-derived products, including CBD, provided they are obtained in accordance with the Farm Bill.
Hemp has been removed from the list of cannabis products. However, in accordance with the US Food and Drug Administration requirements, it is still prohibited to include CBD in food supplements.
The distribution and sale of products derived from cannabis, including CBD products, is illegal in Hawaii if it is sold outside a licensed dispensary or without a doctor’s prescription.
Hemp is no longer defined as marijuana so its sale is legal. However, the retail sale of CBD is still illegal. Iowa’s approach to CBD will be consistent with the US Food and Drug Administration requirements.
The laws related to CBD in Maryland are quite unrestrictive. Even though cannabis isn't legal yet, medical users can easily obtain the best CBD oil in Maryland from licensed dispensaries. Those without a medical card can buy CBD products as long as they're derived from hemp and contain less than 0.3% THC.
Hemp and products derived from hemp are no longer considered Schedule I substances. However, the state hasn’t passed laws to protect the retail sale of CBD yet.
The retail sale of CBD derived from hemp is allowed in Oklahoma. However, the labels must state the country of origin and if the CBD is synthetic or natural.
The state has banned the sale of dietary supplements and food containing CBD, including CBD derived from hemp.
- CBD derived from industrial hemp is legal in all fifty US states.
- CBD derived from marijuana is still not legalized on a federal level.
- Any cannabis plant with a THC concentration less than 0.3% is classified as industrial hemp, whereas any cannabis plant with a THC concentration greater than 0.3% is classified as marijuana.
- If you’re planning to start using CBD products, check your state’s laws for possible restrictions. Bear in mind that the 2018 Farm Bill and any other federal law concerning industrial hemp don’t have precedence over state laws. This means that state and local laws may put restrictions on the sale of products derived from industrial help even if federal laws are permissive.
- The good news is that the Farm Bill promises to resolve at least some of the confusion and misconceptions surrounding CBD.