2018 was the year that CBD really broke through. It not only became more and more accepted socially. But the media is talking about it, doctors are singing its merits, restaurants are infusing it into their food and drinks, even major corporations are looking into adapting it into their product lines. With all of this acceptance and chatter, you would figure that CBD is accepted everywhere legally with no hassles. You would be wrong. So it begs the question, what is the legal status of CBD in the US?
With 2019 now into its first quarter, CBD continues to explode. But with the explosion of CBD, and all of the progress and accomplishments in the new year that one question still lingers. In short, the answer is YES, CBD is legal….however, this is under certain conditions.
The legal status of CBD has become more defined this year. Some laws are still unclear and other laws may still be needed. There does seem to be confusion and misinformation when it comes to CBD.
If you’re unsure about the legality of CBD, check out this list of states and what their status is. Knowing the states will help in knowing where and how you can enjoy CBD safely and legally.
Is CBD Legal in All 50 States
That all depends really. In short, no it is not. The legality of CBD varies from state to state as well as federally. One determining factor is whether the CBD is derived from hemp or marijuana.
While the two plants are very close relatives, they are classified differently under the law. Understanding the difference is crucial to the legality of CBD.
Legalities of Hemp vs. Marijuana
Hemp and marijuana are both classifications of plants in the cannabis genus. Both have the ability to produce mass amounts of CBD. As members of the same family, hemp and marijuana share many visual similarities. The layman could never tell the difference.
But there is a difference at a chemical level, and the two plants have vastly different amounts of Tetrahydrocannabinol (THC), the intoxicating compound found in cannabis. This is what gives off the euphoric feelings and the sense of feeling “high”.
Hemp, however, is characterized by producing a nearly non-existent amount of THC. Actually, less than 0.3%. Marijuana produces an abundance of THC. Some strains getting up to 30%. Because of that high THC-content, marijuana may induce mind-altering effects when consumed and is federally illegal in the United States and many countries.
Now that you have a better idea of the legality from the two primary sources of CBD, the next step is to explore the laws of CBD derived from hemp vs. CBD derived from marijuana, and how the laws vary from state to state.
Is ‘Hemp-Derived’ CBD Legal
Yes! Hemp-derived CBD is legal as long as it is produced within the regulations defined by the law.
In 2018, President Trump passed the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), which removed hemp as a Schedule I substance and reclassified it as an “agricultural commodity.” This was a really big deal and is going to open the doors to mass hemp cultivation and thus mass amounts of CBD produced.
A common misconception about the 2018 Farm Bill is that it legalized CBD regardless of if it was derived from hemp or marijuana. This is not true.
But based on the information put forward by the DEA, CBD is still a Schedule I substance and is illegal.
If, however, the CBD is derived from hemp and adheres to the following regulations set forth 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 also removed restrictions on the sale, transportation, and possession of hemp-derived CBD products and allowed for the transportation of hemp-derived CBD products across state lines as long as the products follow regulations defined above.
Basically, hemp-derived CBD can be sent in the mail without worry.
Is ‘Marijuana-Derived’ CBD Legal
While hemp-derived CBD is federally legal so long as it adheres to the law, marijuana-derived CBD is a bit more complicated because it is derived from the marijuana plant, which is classified as illegal.
States like California and Colorado (the marijuana kings), pot is legal for recreational usage (as well as medicinal), and naturally so is marijuana-derived CBD. Other states allow marijuana-derived CBD usage under certain conditions like a specific medical condition, and yet some states totally prohibit it.
Here is a list alphabetically, state by state of how their CBD laws break down:
- Alabama – AL…..CBD Only
- Alaska – AK……Marijuana & CBD Totally Legal
- Arizona – AZ…….Medical Marijuana and CBD
- Arkansas – AR……..Medical Marijuana and CBD
- California – CA……Marijuana and CBD Totally Legal
- Colorado – CO……Marijuana and CBD Totally Legal
- Connecticut – CT……..Medical Marijuana and CBD
- Delaware – DE……..Medical Marijuana and CBD
- Florida – FL……..Medical Marijuana and CBD
- Georgia – GA…..CBD only
- Hawaii – HI……..Medical Marijuana and CBD
- Idaho – ID………Illegal Through the Whole State
- Illinois – IL……..Medical Marijuana and CBD
- Indiana – IN…..CBD only
- Iowa – IA……CBD only
- Kansas – KS…..CBD only
- Kentucky – KY…..CBD only
- Louisiana – LA……..Medical Marijuana and CBD
- Maine – ME……Marijuana and CBD Totally Legal
- Maryland – MD……..Medical Marijuana and CBD
- Massachusetts – MA……Marijuana and CBD Totally Legal
- Michigan – MI…..Marijuana and CBD Totally Legal
- Minnesota – MN……..Medical Marijuana and CBD
- Mississippi – MS…..CBD only
- Missouri – MO……..Medical Marijuana and CBD
- Montana – MT……..Medical Marijuana and CBD
- Nebraska – NE…………..Illegal Throughout the Whole State
- Nevada – NV….Marijuana and CBD Totally Legal
- New Hampshire – NH……..Medical Marijuana and CBD
- New Jersey – NJ……..Medical Marijuana and CBD
- New Mexico – NM……..Medical Marijuana and CBD
- New York – NY……..Medical Marijuana and CBD
- North Carolina – NC…..CBD only
- North Dakota – ND……..Medical Marijuana and CBD
- Ohio – OH……..Medical Marijuana and CBD
- Oklahoma – OK…..CBD only
- Oregon – OR…..Marijuana and CBD Totally Legal
- Pennsylvania – PA……..Medical Marijuana and CBD
- Rhode Island – RI……..Medical Marijuana and CBD
- South Carolina – SC……CBD only
- South Dakota – SD…….Illegal Throughout the Whole State
- Tennessee – TN……CBD only
- Texas – TX……CBD only
- Utah – UT……..Medical Marijuana and CBD
- Vermont – VT…..Marijuana and CBD Totally Legal
- Virginia – VA…..CBD only
- Washington – WA…..Marijuana and CBD Totally Legal
- Washington D.C. – DC…..Marijuana and CBD Totally Legal
- West Virginia – WV……..Medical Marijuana and CBD
- Wisconsin – WI…….CBD only
- Wyoming – WY…..CBD only
*****Please double check this list as it can change. Some sites researched showed other statuses for states listed.
States Where Marijuana-Derived CBD is Legal for Recreational Use
As of right now, there are ten states in the US where cannabis, 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.
States Where Marijuana-Derived CBD is Illegal
There are certain states where marijuana-derived CBD is strictly prohibited and even hemp-derived CBD is a bit of a gray area. So basically illegal as well. The current three states that have taken a strong stance against marijuana and CBD in the US are: Idaho, Nebraska, and South Dakota.
If you live in one of these three states, it is highly advised that you buy CBD with extreme caution. While some businesses do sell CBD products in these states, the sale, possession, or use of CBD is very risky.
States Where Marijuana-Derived CBD is Legal for Medicinal Use
States with regulations that permit the use of marijuana-derived CBD for a broad range of conditions include 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.
States with regulations that permit the use of marijuana-derived CBD under certain circumstances include Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.
The specific requirements for an individual to use marijuana-derived CBD will vary from state to state. Before purchasing CBD in any of these states, we highly advise you to do additional research and consult a lawyer if necessary. Use our easy CBD law finder below to review the latest legislation that we have gathered for each state.
Now that you know all you do about the legalities of marijuana and CBD in the United States, this is the time to go check out the site at CBDipedia.com. There is a massive selection of CBD products, brand, flavors and types of CBD. You can even use the coupon code TREEZ for 25% off your very first order.