The Legal Status Of CBD

The big question still remains amongst many individuals: Is CBD legal?

To answer in a precise manner, Yes, CBD is Legal. But Legal CBD is under very specific conditions

While recent reforms have clarified the legal status of CBD, some laws remain unclear, and others may be required in the future. Many people may have a skewed understanding of what is and is not legal due to misinformation.

Is CBD legal in each of the 50 U.S. states? It depends.

The legality of CBD varies from state to state and federally, but in general, whether the CBD is derived from hemp or marijuana is one of the determining factors.

Although the two plants are very close relatives, they are classified very differently under the law, and knowing the difference is critical to use CBD legally.

The Legality of Hemp and Marijuana

Both hemp and marijuana are terms used to describe different types of Cannabis, and both can produce a significant amount of CBD.

Hemp and marijuana share many visual similarities as members of the same family. Still, the two plants have vastly different amounts of Tetrahydrocannabinol (THC), the intoxicating compound found in Cannabis, on a chemical level.

While hemp produces a negligible amount of THC (less than 0.3%), marijuana can produce a significant amount of THC (up to 30% ). Marijuana is federally illegal in the United States and many other countries due to its high THC content, which can cause severe mind-altering effects when consumed.

Is Hemp CBD Legal?

In 2018, Former President Donald Trump signed the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), which reclassified hemp as an “agricultural commodity” rather than a Schedule I substance.

One common misunderstanding about the 2018 Farm Bill is that it effected CBD legalization regardless of whether it came from hemp or marijuana. This is not correct.

CBD is classified as a Schedule I substance by the DEA and is therefore illegal.

If, however, the CBD is derived from hemp and adheres to the following regulations outlined in the new farm bill, it is removed as a Schedule I substance and is legal:

  • The hemp must contain less than 0.3% THC
  • The hemp must adhere to the shared state-federal regulations
  • The hemp must be grown by a properly licensed grower

In addition, the 2018 Farm Bill lifted restrictions on the sale, transportation, and possession of hemp-derived CBD products, allowing them to be transported across state lines as long as they adhere to the regulations outlined above.

What about marijuana-derived CBD?

While CBD derived from hemp is legal in the United States as long as it complies with the law, CBD derived from marijuana is a little more complicated because it is derived from an illegal plant.

Marijuana is legal for recreational use in some states, including California and Colorado, and CBD derived from marijuana is legal as well. Others permit the use of CBD derived from marijuana under certain circumstances, such as for a specific medical condition, while others outright prohibit it.

States Where Marijuana-Derived CBD is Legal for Recreational Use.

As of 2020, there are 10 States where Cannabis, including both marijuana and hemp, are completely legal for recreational and medicinal use. These states are Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. If you find yourself in one of these wonderful states, you would be completely within your legal rights to use CBD.

States Where Marijuana-Derived CBD is Legal for Medicinal Use

As of 2020, CBD derived from marijuana is legal for medicinal use in 47 states.

The specific regulations for such use vary by state, with most states allowing medicinal use for a wide range of conditions. In contrast, others impose strict criteria for approval (i.e., the CBD must contain less than a certain percentage of THC or the patient suffers from a specific condition).

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and West Virginia are among the states that have laws allowing the use of marijuana-derived CBD for a variety of ailments.

You must be logged in to post a comment Login