CBD oil tincture with background image of industrial cannabis plants
CBD oil tincture with background image of industrial cannabis plants

Is CBD legal in all 50 States?

cannabis leaf for post about whether CBD is legal in all 50 States

The popularity of CBD (also known as cannabidiol) is obvious to most people today. Research by Gallup in 2019 found that 14% of Americans say they use CBD products. But while there seems to be a growing market for it the legality of CBD is still confusing.

This is partly because legislation and regulation have been slow to catch up with the rapid increase in its popularity. Only in 2018 did Congress get around to passing a law legalizing hemp, and only in July 2020 did the Food and Drug Administration (FDA) create draft guidance for CBD. This guidance was put in place while the FDA begins its more thorough review of CBD and its health implications. Despite this, CBD is now legal everywhere in the US – within certain parameters that we’ll discuss in this article.

Where is CBD Legal?

If you have ever tried searching ‘is it legal to buy CBD oil in all 50 states’ you can be forgiven for not being sure after a quick Google search. The laws and regulations are complicated and each state seems to have a different approach. But speaking strictly federally, CBD oil is legal in all 50 states.

After the passing of the Agriculture Improvement Act of 2018, hemp and most of its by-products were made legal. This means hemp and its by-products, including CBD oil, are considered federally legal in all 50 states. But states vary in the laws and enforcement practices they take to CBD. A four-tier system is often used to delineate differences.

Friendliest States allow the sale of hemp-derived products like cannabidiol. They include Alaska, Colorado, Illinois, Indiana, Kentucky, Maryland, Missouri, New York, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Wisconsin.

Friendly States allow the cultivation of hemp so long as it is produced under the 2018 Agriculture Improvement Act agricultural pilot programs. They include the District of Columbia, Hawaii, Kansas, Montana, New Mexico, and North Dakota.

Gray Area States regulate the cultivation of hemp causing state laws to conflict with the federal law. These states include Arkansas, Connecticut, Delaware, Florida, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Nebraska, New Hampshire, New Jersey, Pennsylvania, Virginia, and Washington.

States of Concern do not specifically outlaw hemp-derived products are sold, but recent actions by state officials raise the risk. These states include Alabama, Arizona, California, Michigan, Nevada, Ohio, South Dakota, West Virginia, and Wyoming.

The other aspect to consider regarding cannabidiol is the FDA. Currently, it is attempting to assess CBD’s safety and provide guidance. Until it does so, no seller of CBD can sell nor buy CBD products across interstate lines if they are added to food or claimed to be dietary supplements. Until there is a clear set of rules governing CBD, interstate trade in these cases is banned.

While the above information attempts to simplify the confusing situation of the legality of CBD, it is always best to check your state’s laws before purchasing or consuming CBD — especially since the laws and regulations are constantly being developed and may change in the future.

Is Industrial Hemp Legal in the US?

The question ‘is industrial hemp legal in the US?’ is somewhat similar to the above ‘is CBD hemp oil legal in all 50 states?’ To understand why, it is necessary to describe what hemp is. Hemp is a classification of the plant Cannabis Sativa from which marijuana also derives. But both hemp and marijuana differ in one key respect: the balance between THC and CBD. Marijuana contains a high amount of THC which causes psychoactive effects (a ‘high’), while hemp is high in CBD but not THC, with no psychotropic effect.

The Agriculture Improvement Act of 2018 legalized the production of industrial hemp but did so with a prescribed limit of THC. Before the passing of the Act, hemp could only be farmed in pilot programs approved by the United States Department of Agriculture and state-level agriculture departments. After 2018 its production was allowed more broadly, but with restrictions not present in commonly grown products like household fruit and vegetables. The specific restrictions on THC and CBD limits will be discussed below.

Is CBD Flower Legal?

The cannabidiol flower falls under a similar distinction as industrial hemp. The CBD flower is the name given to the flowering bud found from the plant Cannabis Sativa. Since it comes from the above-described hemp variety, its levels of THC are low enough to not be classed as psychotropic. As such it falls under the Agriculture Improvement Act of 2018 and is no longer considered a Schedule 1 drug like marijuana.

So, is CBD flower legal in all 50 states? Yes, in most US states — except CBD flower is not legal for sale in Texas and Kansas. Texas added, as part of its legalization of hemp, a ban on selling hemp flowers. Similarly, Kansas outlaws the selling of hemp flowers and has arrested store owners for selling them. The fact these states fall under the friendlier side of the spectrum indicates the complicated nature of hemp legislation. For this reason, it is vital to check your state’s laws relating to parts of the hemp plant and specific restrictions on sale and consumption.

Legal Limits for THC in CBD

The only clear guidance currently set out in law is the legal limit for THC in CBD products. The 2018 Act strictly defines hemp products as containing 0.3% THC or less. Anything above this places it under Schedule 1 as a drug. But, as stated above, this is the federal rule. States may differ on the level of THC that they consider legal.

Each state has different levels of allowable THC. In most cases, the federal limit of 0.3% is the standard by which cannabidiol products are considered legal. However, in some states, the limit is higher. Georgia for instance has a law that prohibits any CBD oil that has more than 5% THC. Given this, it is difficult to determine what CBD oil has the highest THC % that is legal in all 50 states.

Enjoy CBD Today

The confusion around cannabidiol is warranted. The surrounding legislation has only recently started to define it by its psychoactive element, THC. The legalization of hemp means progress can be made in creating a standardized system for the wide spectrum of products derived from the Cannabis plant.

However, until the FDA and other regulatory organizations catch up with the demand, CBD will be a confusing legal topic. For now, CBD, while still a confusing legal area, is almost completely legal. So whatever state you are in, you should be comfortable to receive your free trial CBD oil enough to order and enjoy your free CBD samples today.

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