In 2018, as part of the Farm Bill, the federal government legalized the cultivation. production, sale, and possession of hemp. But, what does this mean for CBD oil? And is CBD legal in all 50 states? We have all the answers you need right here.
Where Is CBD Legal In All 50 States?
CBD is legal federally. But this only extends to CBD that is cultivated from hemp plants and has to have a concentration of less than 0.3% THC. This means that marijuana delivered CBD is still in a legal grey area.
Each state has its own set of laws and regulations governing the sale of CBD. However, you might be surprised by how widely available it is across the country.
Hemp-based CBD has been legalized in 47 of the 50 states, as well as the District of Columbia. The only states where CBD is not legal are Idaho, Nebraska, and South Dakota.
In Idaho, hemp-derived CBD must meet two conditions to be legal. It must have a 0% THC content, not just the 0.3% stipulated in the Farm Bill. It must also be classified as not marijuana under the Idaho Code 37-2701(t). This means the CBD must be taken from specific parts of the hemp plant.
In Nebraska CBD is technically illegal, but hemp-derived CBD has been decriminalized by the state. Hemp and hemp-based products have been removed from the controlled substances list. Nebraska also requires specific manufacturing, testing, and delivery regulations are met.
CBD oil and industrial hemp in all forms are illegal in the state of South Dakota. That said, law enforcement leaders in many counties have said they will not prosecute people for having CBD.
Marijuana-Based CBD Products
Marijuana-based CBD products remain in a grey area. These products are not covered in the federal Farm Bill. Some states allow the sale of marijuana-based CBD products without a medical exemption, others require a medical exemption. Unsurprisingly Idaho, Nebraska, and South Dakota are the only states where marijuana-based CBD is illegal.
There are thirteen states where Marijuana-based CBS products do not require a medical exemption. This means you can purchase and use these products for self-care without a prescription.
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Hawaii
- Kansas
- Maine
- Michigan
- Nevada
- Oregon
- Vermont
- Washington
The remaining states, like West Virginia and Texas, require you to obtain a medical marijuana card or to receive an exemption for a diagnosed condition to purchase CBD products derived from a marijuana plant.
What About CBG?
CBG or cannabigerol is a new hemp product rising in popularity. CBG offers many similar health benefits, but may be more effective than CBD. In the USA CBG can be legally produced under the Farm Bill. And CBG products may be more viable long term from a legal perspective than CBD as the FDA has yet to classify CBG as a drug.
At present this means the CBG can be made into and sold as dietary supplements. So on as sellers avoid unapproved health claims. Check out more on CBG vs. CBD.
Using CBD
CBD is a wonderful product for managing a range of conditions. Using CBD can greatly enhance your quality of life. But before you can use CBD you need to be able to answer the question is CBD legal in all 50 states? If you living in a state where CBD is legal, check out our health blog for more information.
