Are CBD Gummies Illegal

CBDISTILLERY

Buy CBD Oil Online

Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG Three states still outlaw CBD, but it's allowed everywhere else. Check our chart to see where your state stands. Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

Is CBD Legal in the United States? (2022 CBD Laws)

Pure Craft CBD believes in a “seed to sale” philosophy to offer high-quality products consistently made with full transparency. Its mission is to lead the industry in bringing high-quality hemp cannabidiol (CBD)-based products to the marketplace and educate the world on the benefits of hemp extract. Its product line includes water-soluble CBD tinctures with Nano CBD, soft gels, gummies, CBD with melatonin, CBD pet tincture and CBD broad spectrum oil.

US CBD Laws At A Glance

When it comes to CBD in the United States, here are the main things to be aware of:
• Hemp-derived CBD that contains 0.3% or less THC is federally legal.
• The legal status of CBD at the state-level varies from state-to-state, so you must confirm your state’s CBD laws.
• Marijuana and hemp CBD laws should not be confused or conflated — some states allow both or one but not the other, or neither.
• Federally-allowed CBD can be mailed to all 50 states.
• You have many options for legally buying CBD in the US, even if you have to buy your CBD online.

What Is CBD?

Let’s make sure we’re all on the same page, so we can talk apples-to-apples and not apples-to-oranges.

CBD, like THC, is one of many compounds found in cannabis. The amount of each compound depends upon the variety of cannabis (i.e., marijuana or hemp) the CBD oil is extracted from as well as the form of the CBD. For example:

• Marijuana has loads of THC and less CBD, while hemp has higher levels of CBD and little THC.
• Broad-spectrum CBD has 0.3% or less of THC whereas CBD Isolate has no THC.

Is CBD Legal Federally?

Hemp (and CBD) have had quite a long and storied commercial and legal history. Hemp went from being almost everywhere and used for everything to being the outlawed pariah of crops to reclaiming its place as an agricultural darling. Cue all those sayings about hemp coming full circle or the pendulum swinging back in the other direction….

Thanks to the 2018 Farm Bill (aka the Agricultural Improvement Act of 2018), CBD products are federally legal to produce, purchase, and use if they meet certain conditions. To be federally legal, CBD must be hemp-derived and contain no more than 0.3% THC. And, as of 2022, 47 states have given CBD for medical and recreational purposes their seal of approval.

CBD that comes from the marijuana plant and/or exceeds the 0.3% THC limit’s still illegal at the federal level. While marijuana — with very few exceptions — remains federally illegal, researchers are allowed to study CBD from marijuana and its potential effects on health and wellness.

All Pure Craft products are made with hemp-derived CBD and contain 0.3% or less THC. So, every one of our tinctures, gummies, topicals, and softgels are federally legal.

How Legal Is CBD In Your State?

While the national government has blessed hemp-derived CBD with ≤ 0.3% THC, it’s not so clear cut at the state level. Each state determines its own regulations for CBD. Which means each state is different.

States CBD laws can vary in different ways. They may or may not regulate based on dimensions such as:

Usage: Medical (with or without a doctor’s Rx or medical-usage permit) vs recreational.

CBD Source: Marijuana vs hemp.

THC Level

Additionally, some states have rules around product labeling and the kinds of CBD products that are allowed. (Several states prohibit CBD in food and drink products, for example.)

You may see sates categorized — as Legal/Legal With Restrictions/Illegal or Friendliest/Friendly/Gray Area/States With Concerns — to make it easier to understand.

But, we don’t think this approach tells you enough of what you need to know for your state. There’s just so much variability! A better bet is to click on your state below to view its dedicated CBD Laws page.

Is CBD legal in your state? Check this chart to find out

Is CBD legal? Probably—but maybe not. It all depends on where you are.

CBD has been federally legal since late 2018—if it’s derived from hemp. But that doesn’t necessarily mean it’s legal in your state. We’ve compiled a state-by-state table of CBD laws, below, that will help you gain clarity.

Note: The chart below applies to unlicensed CBD products only. State-licensed CBD products sold in adult-use and medical cannabis stores operate under different rules.

CBD Legal Status, State-by-State

State Is CBD legal? Restrictions
Alabama Yes None
Alaska Yes No CBD-infused food/beverage allowed
Arizona Yes No food/beverage
Arkansas Yes No food/beverage
California Yes No food/beverage
Colorado Yes No baked goods
Connecticut Yes Food/bev must be registered
Delaware Yes Hemp grower must be affiliated with Delaware State University
Florida Yes Labeling is regulated
Georgia Yes No food/beverage
Hawaii Yes None
Idaho No Illegal in every form
Illinois Yes None
Indiana Yes Labeling is regulated
Iowa No Illegal in every form
Kansas Yes No food/beverage
Kentucky Yes CBD tea not allowed
Louisiana Yes Many product restrictions
Maine Yes OK only if CBD extracted from licensed Maine hemp grower
Maryland Yes Unclear
Massachusetts Yes CBD food/bev requires purity testing
Michigan Yes No food/beverage
Minnesota Yes No food/beverage
Mississippi Yes Must be at least 20:1 CBD:THC ratio
Missouri Yes Age 18+ only. Sales require state registration.
Montana Yes No food/beverage
Nebraska Yes No food/beverage
Nevada Yes No food/bev; CBD sales allowed in cannabis stores only
New Hampshire Yes Regulations coming
New Jersey Yes None
New Mexico Yes None
New York Yes No food/bev; purity testing required
North Carolina Yes No food/beverage
North Dakota Yes None
Ohio Yes None
Oklahoma Yes None
Oregon Yes Label regulations coming
Pennsylvania Yes No food/bev; label regulations coming
Rhode Island Yes Label guidelines coming
South Carolina Yes No food/beverage
South Dakota No Not legal in any form
Tennessee Yes None
Texas Yes Label guidelines coming
Utah Yes Registration required for sales
Vermont Yes Can’t combine CBD with meat or dairy. Maple syrup has its own rules.
Virginia Yes None
Washington Yes No food/beverage
West Virginia Yes No food/beverage
Wisconsin Yes No food/beverage
Wyoming Yes None
See also  Broad Spectrum CBD Oil

The basics on CBD

CBD (cannabidiol) is a compound derived from the cannabis plant. Cannabis has been federally illegal since 1937. As long as cannabis has been illegal, so has CBD—even though it has no intoxicating qualities.

That changed late last year.

Now that hemp is no longer a controlled substance, and CBD comes from hemp, all CBD must be legal, right? Not so fast.

In December 2018, President Trump signed the Agricultural Improvement Act of 2018 (aka the 2018 farm bill) into law. That Act included a section removing hemp from the Controlled Substances Act. Hemp and marijuana are both cannabis. The only difference is the federal government considers cannabis with less than 0.3% THC, the intoxicating cannabinoid, to be legally classified as “hemp.”

Now that hemp is no longer a controlled substance, and CBD can be extracted from hemp, all CBD must be legal, right? Not so fast.

Passage of the farm bill “legitimized hemp as an agricultural crop as opposed to a drug/controlled substance,” writes Bob Hoban, one of the nation’s most experienced hemp attorneys. “However, while this legislation paved the way for the hemp industry’s expansion it in no way made the path to legal compliance any clearer for those in the hemp industry.” And by extension: It’s no clearer for those in the CBD industry, either.

As with all things having to do with cannabis, it helps to know which laws are in play: Federal, state, and those we’ll call “mixed jurisdictional”—the rules and regs enforced by health departments and the like.

Federal law

Federal law is now clear, thanks to the farm bill. Federal authorities are no longer in the business of arresting people for growing hemp, extracting CBD, or possessing either. The DEA is out of the CBD game.

More specifically, the farm bill removed hemp and hemp derivatives from the definition of “marijuana” in the Controlled Substances Act. The new law also specifically tasked the US Food and Drug Administration (FDA) with regulating hemp-derived food and drug products. (More on that below.)

State laws

Here’s where it gets complicated.

Federal legality doesn’t automatically confer state legality. Each state handles hemp and CBD differently. In Idaho, Iowa, and South Dakota, CBD is entirely illegal. In New Jersey, New Mexico, and North Dakota it’s legal without restriction. In Alaska, California, Washington, and many other states it’s legal but can’t be sold in combination with food or beverages—except in licensed cannabis stores.

In Vermont it’s legal, although when CBD is added to maple syrup it’s illegal to label the product “Pure Maple Syrup.” Ahh, Vermont.

FDA rules are coming

FDA officials are actively working to create federal regulations around CBD. After holding a highly publicized hearing earlier this year, their staffers have gone away to start crafting the regs. A first draft is expected in early 2020.

Those officials are in a bit of a bind. CBD has already been approved as a pharmaceutical drug in the form of Epidiolex, a drug created by GW Pharma to inhibit seizures. Epidiolex went through the FDA’s grueling drug approval process, and it took years.

After holding a highly publicized hearing earlier this year, FDA officials have gone away to craft the regulations. A first draft is expected in early 2020.

Once a compound has been approved as a drug, the FDA typically does not allow it to be sold in over-the-counter mainstream markets. But it’s currently being used most often as a dietary supplement, like vitamins.

If the FDA bans all non-prescription forms of CBD, it risks opening up a massive illegal market—which would result in a criminal trade in unlicensed, untested, and unregulated CBD. We’ve just experienced the real dangers of that with the illicit trade in THC vape cartridges, which led to the national outbreak of VAPI lung, also known as EVALI.

As we wait for the FDA to release its proposed CBD rules, agency officials are reminding everyone that many of the CBD food and beverage products currently on the market are not technically legal. On June 16, the FDA released a document that said: “We are aware that there may be some products on the market that add CBD to a food or label CBD as a dietary supplement. Under federal law, it is currently illegal to market CBD this way.” At the same time, no federal agents are enforcing that particular law.

County health agencies matter, too

Even within states that allow the legal sale of hemp-derived CBD, there may be complications at the local level.

Some local health departments, for example, may choose to prohibit the sale of CBD in food and beverage products in commercial establishments.

A few years ago some restaurants near Seattle area began offering CBD-infused cocktails to their patrons. That ended when local county health officials stepped in and reminded restauranteurs that CBD was not a known and approved food or beverage. (“They’re erring on the side of caution,” one restaurant owner told me at the time. “They say they don’t quite know what CBD is yet, so they want everyone to hold off until they figure it out.”)

See also  CBD Gummies For Kids

What you need to know

As of late 2019, the general rule for consumers is this: CBD is legal to possess and consume everywhere except Idaho, Iowa, and South Dakota. The rule for manufacturers and retailers is this: Check your local jurisdiction and vet your business plan with a lawyer who knows local CBD laws.

In 2019, Leafly editors tried to purchase more than 75 products to test their CBD content as part of our Leafly CBD Test series. To our surprise, it turned out to be more difficult than we anticipated.

National drug stores like CVS and Walgreens carry CBD products in some states but not in others. When we tried to order CBD products online, some companies agreed to deliver to the Leafly office in Washington state, while others refused. We know the cause was location, because everything was well and fine with our order right up until the point we entered our ZIP Code.

CBD products are everywhere in Texas since the state legalized hemp. Experts warn: buyer beware.

Much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

by Naomi Andu Jan. 23, 2020 12 AM Central

A hemp plant inside of the Custom Botanical Dispensary in Austin. Stores selling CBD products are popping up across Texas. Credit: Marjorie Kamys Cotera for The Texas Tribune

In 2017, business was slow for Sarah Kerver. She was a sales rep for a Colorado-based company trying to push hemp and CBD products in Texas. But customers were apprehensive.

“No one wanted to touch [CBD]. No one wanted to talk about it. No one was interested in carrying this product in any sort of spa or retail space,” Kerver said.

Today, the market for CBD, or cannabidiol, is exploding. Stores are popping up across the state selling tinctures and topicals. It’s being mixed into smoothies and coffee at cafes. Spas are advertising CBD massages and therapies. And much of the sudden spike in popularity is thanks to a Texas law last year that legalized hemp, the plant from which CBD is derived.

“You go anywhere now, and you find something that says ‘CBD’ on it,” said Kerver, who’s now in talks with Austin distributors interested in carrying her CBD product line, called 1937 Apothecary.

But buyer beware, experts warn. Anyone can sell CBD in Texas. Many of the products are advertised as natural alternatives to prescription medications and make unfounded claims to treat conditions like chronic pain, depression, anxiety, insomnia, diabetes and psychosis. None of these claims are recognized by the U.S. Food and Drug Administration.

And because of lax labeling and licensing regulations, unsuspecting consumers may not actually know what they’re buying.

“Unless you really know that it’s something reputable, I would say to be wary because you don’t really know that it is even CBD,” Kerver said.

Booming business

In 2018, the federal government passed a new Farm Bill legalizing hemp and derivatives, like CBD, with less than 0.3% of THC, or tetrahydrocannabinol. Hemp and marijuana are both part of the cannabis plant family, but while marijuana is rich in THC and produces a high, hemp contains only traces of the psychoactive compounds and is richer in CBD.

In June, Gov. Greg Abbott signed a bill legalizing hemp and bringing state policy in line with federal law.

Confusion on the part of law enforcement has led to the wrongful arrests of some in possession of CBD or hemp even after the Texas law went into effect. Still, the policy change is an important step on the way to allowing Texans to partake without fear of reprisal, according to Lisa Pittman, a lawyer on the Texas Department of Agriculture’s industrial hemp advisory council.

Sarah Kerver is the owner of Custom Botanical Dispensary in Austin. Credit: Marjorie Kamys Cotera for The Texas Tribune

Because Kerver launched her line before the Texas bill, she’s seen firsthand how changes in the law have led to evolving attitudes in Texas about the products. Previously, she was able to sell Colorado CBD products before the federal government legalized hemp because of the 2014 Farm Bill, which started a pilot program for participating states to grow industrial hemp.

“There’s been more media around it since Texas has come on board, definitely,” Kerver said. “Texans are becoming more educated about it and much more open to it.”

Industry leaders say they can’t calculate the exact number of new CBD businesses that have opened in Texas over the past year — in part because the Texas Department of State Health Services won’t implement licensing requirements until early this year — though anecdotally, many say they’ve seen an uptick.

The Austin Chamber of Commerce counted at least three CBD-related relocations or expansions since the bill passed last summer, creating about 140 new jobs in the emerging sector. But the list, which is compiled from public media announcements and deals the chamber is involved in, isn’t comprehensive.

Sisters Shayda and Sydney Torabi founded Restart CBD in September 2018, just before the Farm Bill passed. Sydney Torabi said the changes in the law have made business run more smoothly.

The two originally intended to operate the business exclusively online but decided to open a brick-and-mortar location in Austin after having difficulty with several online payment companies, from mom-and-pop merchants to giants like PayPal, that didn’t want anything to do with cannabis.

“We were a business, but it wasn’t as functional as it could’ve been until the [Texas] law passed,” Sydney Torabi said.

See also  CBD Oil Illinois

The Torabis started with a pop-up store and expanded to a permanent location last April, a month before Texas law changed.

“We were operating in a gray area until the Texas bill passed,” Sydney said. “It did take away a little bit of the stigma. Like, ‘OK, now it’s legal in Texas. We can go to a CBD shop and not feel like we’re doing something bad.’”

Kerver owns her own CBD product line, called 1937 Apothecary. Items at the store range from magazines, capsules, tinctures, edibles and hemp oil. Credit: Marjorie Kamys Cotera for The Texas Tribune

A cure-all?

CBD comes in many forms: smokeable flower, tinctures, topicals, edibles and much more.

It’s not cheap. For example, offerings at Custom Botanical Dispensary, Kerver’s Austin-based collective, range from capsules ($96 for 30) and a Full Spectrum Tincture ($82 for 1 ounce) to a PMS Dark Chocolate Bar ($18), infused popcorn ($7) and even Pet Hemp Oil in flavors bacon and tuna ($40).

Despite lofty and wide-ranging claims, CBD is only FDA-approved to treat two rare kinds of epilepsy via prescription drug Epidiolex. In part, this is because little research has been done in the U.S. on the hemp derivative.

But the FDA also says the jury’s still out as to whether CBD is considered a safe substance.

“CBD has the potential to harm you, and harm can happen even before you become aware of it,” the agency said in a November consumer update, going on to list potential repercussions like liver injury. The effect on children and pregnant or nursing women is unknown, the FDA added.

In the meantime, businesses nationwide are getting wrist slaps for making medically unproven promises.

In November, the FDA sent warning letters to 22 CBD sellers across the country, including Noli Oil in Southlake. The letter to Noli Oil cited a myriad of illegal health claims, from inhibiting cancer cell growth to treating schizophrenia and antibiotic-resistant infections.

Also flagged was the company’s sale of edibles, like gummy bears and caramels, in interstate commerce. While CBD-infused food products can be manufactured and sold in Texas, they can’t cross state lines because the FDA considers the compound an “adulterant.”

Other sellers were targeted for falsely marketing CBD as a dietary supplement.

When it comes to touted benefits, Dr. Yasmin Hurd of Mount Sinai’s Addiction Institute said she’s cautiously optimistic.

“Can I say go be a guinea pig yourself? Unfortunately, just because of my position, I can’t really approve that,” Hurd said. “But clearly, hundreds of thousands of people are doing research on themselves and trying to find out what works on their particular ailment.”

There is some evidence to suggest it could be beneficial for anxiety, psychosis and substance abuse, Hurd said. Other claims, like its effect on chronic pain, are more dubious, at least until more research is done, she added.

But Kerver said her own experience and the testimonies of friends and family have convinced her of CBD’s efficacy.

Her husband found relief from inflammation after back surgery, and her siblings from anxiety and sleep issues. She said she has seen her own gut problems clear up completely.

“When someone has been constantly taking something for well over a year, and it’s still working for them for the same thing, and they have to have it, that’s not the placebo effect anymore,” Kerver said.

A display case inside the Custom Botanical Dispensary in Austin. Credit: Marjorie Kamys Cotera for The Texas Tribune

Hurd also warns that CBD can impact the performance of other medications, so those interested in trying it should first consult a doctor to learn more about potential interactions. Otherwise, CBD is relatively safe, she said, with the most common side effects being diarrhea and sleepiness.

Until stricter regulations, like requiring retailers to have CBD-specific licenses, are put in place this year, Kerver said there is little protecting consumers from bad actors. Still, there are some measures people can take to protect themselves while the Texas hemp industry is in limbo, starting with labels and vendors.

Pharmacies and health food stores are preferable to smoke shops and gas stations, according to Pittman.

“Avoid anything that has a pot leaf on it or that doesn’t look like a clean, medical product,” Pittman said.

Any reputable company will make test results easily accessible, and customers can use them to check THC content; trace amounts under 0.3% may still cause someone to test positive for marijuana on a drug test, Hurd said.

Buyers should also be wary of products that make any explicit health claims, which are considered illegal by the FDA. While retailers can say a particular CBD product helps alleviate a symptom, like difficulty sleeping, they can’t say it treats or cures a diagnosable condition, like insomnia, according to Pittman.

“That’s where we walk the fine line,” Kerver said. “We can’t say anything, but luckily we’ve been in business long enough to go, ‘I’ve got 10 customers, they all use this for sleep, and they’re all coming back for it for sleep, and they buy it every month for sleep, and they’re really happy with it.’”

Correction: An earlier version of this story incorrectly stated how Texas criminally classified hemp before the state’s hemp law was passed.

Disclosure: The Austin Chamber of Commerce has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

How useful was this post?

Click on a star to rate it!

Average rating 3 / 5. Vote count: 1

No votes so far! Be the first to rate this post.