Is CBD Legal

Is CBD Legal? Everything You Should Know About CBD’s Legal Status

The cannabis plant and cannabinoids have been in use for a long time. However, they recently became more popular, potent, and specialized for different purposes. With CBD making trends currently, the question remains: Is CBD legal to use?

The answer to CBD’s legal status isn’t a straightforward one. There are nuances and differences, depending on specific factors, including your location.

Here, we give you all the current information guiding CBD’s regulations, federal laws, and state laws. Also, you get to understand the differences between hemp-derived and marijuana-based CBD.

What Is CBD Used For?

Before we answer the question: is CBD legal, let’s discuss CBD and its uses. CBD stands for cannabidiol, a chemical compound in cannabis sativa plants. This compound is known for its numerous health applications and benefits.

The cannabis plant has varieties which include hemp and marijuana. You can get CBD from these plants. Because hemp and marijuana are cannabis plants, people associate CBD with marijuana. But, they have their differences which we’ll see later.

There are multiple pieces of research concerning the health benefits of CBD. Studies examine this substance as a potential treatment agent for many health conditions. At this moment, CBD is helpful for epileptic patients. A CBD drug, Epidiolex, is FDA-approved for treating two rare forms of epilepsy.

Numerous studies highlight CBD properties such as anti-inflammatory, analgesic, and anti-oxidative. These properties help in dealing with several diseases.

The most popular uses of CBD include:

  • Chronic pain management
  • Relieving anxiety
  • Reducing inflammation
  • Boosting immune system functions
  • Stress relief
  • Treating skin conditions

Is CBD Legal?

CBD is a key element in different wellness products, but is CBD legal? The short answer is Yes. However, whether CBD is legal or not depends on several factors, including:

  • The federal hemp laws
  • The state hemp laws
  • Source of the CBD
  • How the manufacturer markets the CBD product
  • Method of consumption

What Federal Law Says About CBD

According to the Agriculture Improvement Act of 2018, businesses can sell and market CBD products. Federal law legalizes the use of CBD.

So, is CBD legal on a federal level? The answer is yes.

This Act legalized only CBD products that contain 0.3% THC or less. If a CBD has more than this amount of THC, the Federal law automatically classifies it as marijuana. And in the United States, marijuana is an illegal schedule 1 drug.

If a CBD product is hemp-based, then it’s legal federally. But, if it’s from marijuana, it’s illegal. This factor is a general threshold for the federal laws on CBD.

Although the federal regulations permit the usage of CBD products, some states have their reservations.

What State Laws Say About CBD

Is CBD legal in all the U.S. states? The answer to this question is No.

A majority of the states permit cannabis use. However, it’s still illegal in some. So, the 0.3% THC or less permissible in hemp-derived CBD can be illegal in a few states.

An example state is Iowa. CBD products are illegal in this state. But, neighboring states like Minnesota and Illinois permit the use of CBD.

The crux is just because federal laws legalized the use of CBD doesn’t necessarily mean it’s legal in all states. Some states place a ban and may require medical report access.

The Legality of Hemp vs. Marijuana

Hemp and marijuana are two varieties of the cannabis sativa plant. Both contain CBD and other cannabinoids naturally.

Understanding the differences between these two plants clears the confusion about the legality of CBD. These plants are different. Therefore, their end products are also different.

The main difference between hemp and marijuana is their THC (tetrahydrocannabinol) composition. THC is the compound that causes a high. Hemp has only trace amounts of THC, about 0.3% or less. Conversely, marijuana contains as high as 30% THC. Because of the amount of THC in marijuana plants, U.S. federal laws consider it illegal. Its THC level is enough to cause intoxicating effects.

Marijuana isn’t only illegal in the United States. There are other countries where this plant is not legal federally.cbd legal

Is Hemp-Derived CBD Legal?

Under the 2018 Farm Bill, CBD is legal as long as it’s from the hemp plant. Hemp was classified as a Schedule I substance. But after the passing of this Farm Bill, it’s now considered an agricultural property.

The common misinformation following the Farm Bill is that all CBD products are legal. However, this is not true because the legality of CBD is conditional. The source of the hemp plant matters and plays a role in whether a product is legal are not.

So, is CBD legal when it’s from the hemp plant? Yes, it is.

For a CBD product to be legal, here are the primary laws it must adhere to:

  • Must contain less than 0.3% THC
  • The hemp plant must be from a licensed grower
  • It must adhere to all the state-federal regulations

This Farm Bill also removed the restrictions placed on the possession of hemp-based CBD. So, people can sell and transport all hemp-derived CBD products. As long as your product meets the requirements above, you can move CBD across states.

Is Marijuana-Derived CBD Legal?

Although hemp-derived CBD is legal as long as it adheres to federal regulations, marijuana-derived is not. Marijuana is still an illegal plant, so it’s more complex.

States like Colorado and California allow the recreational use of marijuana. So, it’s only natural that they permit the use of marijuana-derived CBD. Conversely, other states permit marijuana-derived CBD for certain conditions like medical purposes. Some states prohibit it.

Below is a detailed list of states where marijuana is legal for medical uses and recreational purposes. And states where it’s strictly illegal.

States Where Marijuana-Derived CBD is Legal for Recreational Use

Some states permit the use of cannabis, including marijuana and hemp. These states allow marijuana-derived CBD both for recreational and medical uses. The states are

  • Washington
  • Alaska
  • Colorado
  • California
  • Michigan
  • Massachusetts
  • Maine
  • Nevada
  • Oregon
  • Vermont

If you’re in any of these states, it’s completely legal for you to use CBD products, whether it’s from hemp or marijuana.

States Where Marijuana-Derived CBD is Legal for Medicinal Use

Currently, 47 states, including those above, permit marijuana-derived CBD for medicinal use. The regulations guiding the use of marijuana for medicinal purposes vary by state.

Some states allow its use only for broad medical reasons, whereas others have specific requirements. Some of those requirements are specific medical conditions and a certain percentage of THC.

States that permit the use of marijuana-derived CBD for broad medical purposes are:

  • 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
  • West Virginia

States that allow the medicinal use of marijuana-derived CBD but under specific conditions are:

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kentucky
  • Mississippi
  • Missouri
  • North Carolina
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Wisconsin
  • Wyoming

States Where Marijuana-Derived CBD is Illegal

Lastly, we have states that strictly prohibit the use of marijuana-derived CBD. The states with such strong regulations against CBD are:

  • Idaho
  • Nebraska
  • South Dakota

If you’re in any of these states, it’s best to be cautious. Even hemp-derived CBD is only conditionally legal in these three states.

Is it Legal to Take CBD out of State?

You may be wondering: is CBD legal out of state? The answer to this question depends on your destination.

If you are traveling domestically, CBD is legal to take out of state. Per the current TSA regulations for domestic flights, people can travel with CBD products. The condition for this is that the product must comply with all the federal regulations. Also, the THC content must not be more than 0.3 percent.

On the other hand, international flights are more complicated. It all depends on the country you’re traveling to and whether they permit CBD or not. So, it’s best to look up the CBD regulations of the country before you travel.

Is CBD Legal Everywhere in the World?

CBD is not legal everywhere in the world. In most countries, CBD is legal in some form. For instance, a country may permit full-spectrum CBD products, while others allow only pure CBD. Pure CBD is the form that contains only cannabidiol and no other chemical compound from the cannabis plant.

We have countries that prohibit the use of CBD regardless of the source or form. Most African countries ban the use of CBD. Also, it’s illegal in places in Slovakia, Belgium, and Russia.

Final Thoughts

CBD products are available across all 50 states in varying degrees. It may be difficult to find CBD in local stores of conditionally-legal states.

Cannabis laws are regularly changing. If you’re interested in using CBD products, it’s to your advantage that you look into your state laws. Understanding federal and state regulations will make it easier to avoid getting into any legal troubles.

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