Is CBD Legal

Is CBD Legal: A Guide For State And Federal Levels

When you walk around you, hear your friends and colleagues talking about CBD, and you keep wondering what it could be all about. Moreover, various companies produce CBD products such as oils, tinctures, edibles, and topicals. There are many health benefits associated with this very phytocannabinoid; perhaps this explains why it’s trendy today. Is CBD Legal? For many, this is the first question that many CBD consumers often ask. Well, there is a lot of information you need to understand about CBD before you can appreciate their legality status. Don’t worry; we have answers to your questions.

What Is CBD and Why There’s So Much Confusion About It?

CBD, also known as Cannabidiol, is a unique chemical compound occurring naturally in the cannabis plant. Cannabis plants contain several compounds such as terpenes, cannabinoids, and phytonutrients. Moreover, over 100 cannabinoids exist in cannabis, but the most notable ones are Cannabidiol (CBD) and Tetrahydrocannabinol (THC). The critical difference between CBD and THC is that Cannabidiol doesn’t cause psychoactive effects; instead, it causes various health benefits. To understand CBD’s legal status, you need to pinpoint the difference between Hemp and marijuana.

Hemp and marijuana contain CBD, so you should be asking yourself why the Federal government legalized CBD while marijuana is still illegal. Well, Cannabis sativa, Cannabis indica, and Cannabis ruderalis are the three-wide varieties of cannabis. The difference between Hemp and marijuana relies on the THC content of the cannabis plant. The cannabis plant contains 0.3% THC or lower is a hemp plant. However, cannabis, with over 0.3% Tetrahydrocannabinol, is considered marijuana.

Is CBD Legal: What Does Federal Law Say?

According to the federal governments, they only recognize Hemp and marijuana as the two forms of cannabis Sativa. The Farm bill Act of 2018 legalized any CBD products obtained from Hemp containing less than 0.3% THC. On the other hand, the DEA still categorized marijuana as illegal and a schedule I drug. Is CBD federally legal? According to CBD legal status, CBD is legal if grown by a licensed grower under the regulation stipulated by the act and in line with the association state regulations and federal regulation. The FDA approved Epidiolex as a prescription drug but still considers CBD an ingredient rather than a dug.

Where Is CBD Legal: A State by State Guide

Is CBD legal in all states? If not, then where is CBD legal? If you plan to take CBD products, it’s ideal to be familiar with what your state says about CBD legal status. We shall look into the state’s regulation on CBD use, so you can know whether it’s legal to use CBD by-products or not.


According to the Public Notice issued by Alabama’s Attorney General, CBD obtained from Hemp is legal, meaning you can poses, sell, or produce it.


Alaska Department of Natural Resources issued Industrial hemp regulations in which retailers should register with the DNR before selling Hemp and its products.

Illinois, Kentucky, New Jersey, Arizona, and Vermont: if you are coming from any of these states, then you should know that these are among the CBD legal states that have no restrictions


Since 2014, CBD and its products have been legalized in Delaware.


Medical marijuana dispensaries started operating in 2014, and according to the state law, you can only sell CBD in a licensed dispensary.


You do not require any permit or licensed to sell CBD and its products because the state removed it from the list of controlled substances.


California state hasn’t provided requirements for processing, selling, or manufacturing non-food Hemp or its products. However, the department of public health considers CBD as illegal in foods or beverages.


Is CBD legal in Colorado? Yes, foods, lotions, or beverages infused with CBD legal in this state.


Consuming CBD derived from Hemp is legal in the Connecticut state, which started in 2012


Department of Agriculture and Consumer Services (FDACS) is drafting a rule that will regulate the now legal but unregulated CBD products.


Hemp-bill that passed early 2019 allows farming and selling of CBD. Also, marijuana-derived CBD containing less than 5% THC is legal for medical use.


Without a prescription, no CBD product can be distributed, sold, or proceed legally in Hawaii, according to the Hawaii Department of Health.


Some of the CBD products legalized in the Idaho state must be extracted from mature hemp plants’ seeds or stalks. Also, it should be free from THC.


The law allows selling, buying, and possession of Cbd products.


CBD products that don’t contain THC can be mostly sold or used in Kansas state. However, CBD, with over 5% THC, can be used for debilitating medical condition management.


CBD usage is legal in this state, but the state official often tests the products at random to establish if THC composition is less than 0.3%.


The state of Maine recognizes CBD and its products like CBD edibles, and as long as there is no medical claim attached to it, it’s legal in the eyes of the law.


Is CBD legal in Maryland state? Yes, you may start buying CBD products in your local drug store sooner.


The Department of Agricultural Resources made policy statements that prohibit CBD’s sale infused food with medicinal claims, unprocessed hemp plant, and animal feed using Hemp.


You don’t require a medical marijuana card to use CBD products because it’s legal.

Minnesota opened the first CBD & hemp store in Minneapolis (2018).


Here is where the use of CBD, which the state restricts to medical use. Furthermore, all CBD and its derivatives have to undergo testing by the Center for Natural Products Research. Moreover, it’s only the Department of Pharmacy Services that dispatches hemp products at the University of Mississippi Medical Center.


Those who have epilepsy can apply for a hemp extract registration card to buy CBD hemp oil in any of the two facilities licensed by the Missouri authority.


The state hasn’t fully authorized CBD’s use, but there are no laws that prohibit or regulate CBD use.


The states removed Hemp and its products from the list of controlled substances after passing the Nebraska Hemp Farming Act. However, Recreational and medical marijuana are legal in this state.


All CBD and its products are legal except for the CBD infused foods.

New Hampshire

According to the state Bureau of Public Health Protection, they warn that CBD shouldn’t form part of food products as stated by the FDA Regulations.

New Mexico

A new law passed in May 2019 allowed the sale and distribution of CBD and CBD-infused food.

According to the New York CBD legal status, it’s permitted on foods and beverages though there are still federal guidelines on the CBD edibles. Moreover, North Carolina passed a 2019 farm act that legalized CBD products except for the smokable Hemp. Hemp is still a controlled substance in North Dakota unless extracted from Hemp with less than 0.3% THC. Ohio state legalized CBD in 2019 (summer). South Carolina legalized the cultivation and sale of Hemp in 2017. Moreover, Oregon state CBD legal status lies in the fact that its Oregon lab has to test and certify the product for them before receiving a green light.

The South Dakota attorney general released a statement stating that CBD and Hemp are still illegal within the state. Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming are CBD legal states.

What to Look for When Buying Approved CBD Products?

  • Testing Method: The tasting lab should have complied with the ISO 17025 regulations. Also, US Pharmacopeia, the American Herbal Pharmacopoeia, or the Association of Official Agricultural Chemists must have validated testing methods.
  • Hemp Origin: The US has strict regulations concerning the cultivation of hemp plants. For safety, you should buy CBD products extracted from Hemp grown within the US.
  • Certificate of Analysis: Obtaining the CoA lets you know the purity and potency of any CBD product. Don’t go for CBD products without the CoA.
  • Potency: The certificate of analysis should indicate the amount of THC and Cbd on the formulae and the dosage.


Is CBD legal? Well, we are sure that you’ve gotten an insight into the CBD legal status in the 50 states of the US. Therefore, it’s ideal for making an informed decision whenever you want to buy CBD oil products. Some CBD legal states may allow you to buy CBD products in dispensaries, but some restrict even the use of the food products. The information we have provided here can help you so that you don’t break the state law. Finally, the buying guide is also essential to ensure you don’t buy CBD oil products that your state doesn’t authorize.

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