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Is CBD Oil Legal?

The popularity of CBD has been on the rise in recent years. It can be found as a variety of products, including tinctures and capsules for purchase at your local grocery store! Despite its widespread availability however there is still much confusion regarding what exactly this product entails- not just legally but also scientifically too.

In the United States, there are both federal and state regulations regarding CBD use. Knowing which one applies to you can be key when it comes time for consumption of this cannabinoid safely or legally.

What is CBD?

CBD, or cannabidiol, is a cannabinoid found in cannabis plants. Unlike its better-known counterpart THC, CBD does not have any psychoactive effects. This means that CBD does not cause the user to feel high when consumed. CBD can be extracted from both marijuana and hemp plants, though it is most commonly seen in products made from hemp CBD.

The 2018 Farm Bill

In December of 2018, the United States Congress passed the 2018 Farm Bill. This bill federally legalized the cultivation and use of industrial hemp nationwide- as long as it contained less than 0.3% THC concentration on a dry weight basis. This bill effectively removed CBD from the list of Schedule I drugs, making CBD federally legal so long as it meets this criterion.

However, it’s important to note that individual state legislatures still have the power to outlaw CBD or impose their own restrictions on its use. As of right now, 33 states have legalized CBD for medicinal purposes while 11 have made it legal for recreational use. CBD products bought in stores or online might not be legal in your state, so it’s important to do your research before making a purchase!

The FDA and CBD

The U.S. Food and Drug Administration (FDA) has not yet approved CBD for any medical conditions. The agency is currently working on crafting regulations regarding CBD products but has not released any definitive rules as of yet. This leaves the CBD market in a bit of a grey area until further notice from the FDA.

That being said, the FDA has approved one CBD-based medication- Epidiolex- for the treatment of two rare forms of childhood epilepsy, Lennox-Gastaut syndrome and Dravet syndrome. CBD products cannot be marketed as treatments or cures for any other medical conditions until the FDA provides further guidance.

CBD Legalization by State

The legal status of CBD is tricky to understand. Some states allow its use legally, while others have laws that make it illegal in certain circumstances and sometimes even for possession or sale altogether depending on where you live (the United States). The following list can help you determine if CBD is legal in your state.

State Status Details
Alabama Conditionally legal CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
Alaska Fully legal
Arizona Fully legal
Arkansas Conditionally legal Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
California Fully legal Hemp-derived CBD edibles are not legal in the state, but cannabis-derived CBD edibles are; doesn’t seem to be strictly enforced and legislation has been proposed to remove this restriction
Colorado Fully legal
Connecticut Fully legal
Delaware Conditionally legal Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions, though the CBD market in general is relatively unregulated in Delaware
District of Columbia Fully legal
Florida Conditionally legal Hemp-derived CBD oil only
Georgia Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD, and THC content cannot exceed 5%
Hawaii Conditionally legal Hemp-derived CBD oil only
Idaho Conditionally legal All varieties legal so long as there is no traceable THC content
Illinois Fully legal
Indiana Conditionally legal All varieties legal so long as they do not exceed 0.3% THC
Iowa Conditionally legal Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive
Kansas Conditionally legal All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions, provided the THC content doesn’t exceed 5%
Kentucky Conditionally legal Hemp-derived CBD oil only
Louisiana Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Maine Fully legal
Maryland Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Massachusetts Fully legal Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license
Michigan Fully legal
Minnesota Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Mississippi Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC
Missouri Conditionally legal CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions
Montana Fully legal
Nebraska Conditionally legal Hemp-derived CBD oil only; cannabis is illegal even for medical purposes
Nevada Fully legal
New Hampshire Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
New Jersey Fully legal
New Mexico Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
New York Fully legal
North Carolina Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions
North Dakota Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Ohio Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Oklahoma Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions
Oregon Fully legal
Pennsylvania Conditionally legal CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
Rhode Island Conditionally legal CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
South Carolina Conditionally legal CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions
South Dakota Conditionally legal Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court
Tennessee Conditionally legal CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions
Texas Conditionally legal Low-THC (up to 1%) CBD oil available for patients with qualifying conditions
Utah Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Vermont Fully legal
Virginia Fully legal
Washington Fully legal
West Virginia Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Wisconsin Conditionally legal Cannabis-derived CBD oil legal with medical cannabis license for specific conditions
Wyoming Conditionally legal Hemp-derived CBD oil only

Summary

CBD is a cannabinoid found in cannabis plants that does not have any psychoactive effects. CBD can be extracted from both marijuana and hemp plants, though it is most commonly seen in products made from hemp CBD. In December of 2018, the United States Congress passed the 2018 Farm Bill, which federally legalized the cultivation and use of industrial hemp nationwide- as long as it contained less than 0.3% THC concentration on a dry weight basis. This bill effectively removed CBD from the list of Schedule I drugs, making CBD federally legal so long as it meets this criterion. However, it’s important to note that individual state legislatures still have the power to outlaw CBD or impose their own restrictions on its use.

The U.S. Food and Drug Administration (FDA) has not yet approved CBD for any medical conditions but has approved one CBD-based medication- Epidiolex- for the treatment of two rare forms of childhood epilepsy. CBD products cannot be marketed as treatments or cures for any other medical conditions until the FDA provides further guidance. CBD legalization by state can be tricky to understand, as some states allow its use legally while others have laws that make it illegal in certain circumstances and sometimes even for possession or sale altogether depending on where you live.

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