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.
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.
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.
FDA rules are coming
Even within states that allow the legal sale of hemp-derived CBD, there may be complications at the local level.
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.”
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.
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.)
The U.S. Department of Agriculture (USDA) now regulates hemp in lieu of the DEA. Since hemp is federally legal now, you might assume that CBD, which comes from hemp, follows suit. But you should note that not all hemp extracts are offered this legal status.
Every state has its own set of policies and laws surrounding CBD possession, sales, manufacturing, distribution, and cultivation. To make things even more complex, many state legislatures are exploring proposed amendments to develop more CBD procedures and regulations.
All in all, hemp and CBD oil are considered federally legal in all 50 states. Anyone in the United States can legally buy CBD oil on health store shelves, some pet stores, and the internet. In light of this new legality, consumer sales for CBD products reached over $350 million in 2018. Best of all, you don’t need a prescription or medical card to buy CBD.
Where Is CBD Illegal?
It’s hard not to hear about CBD right now. Whether it’s on TV, an ad popping up in your Instagram feed, or your friends talking about it, cannabidiol CBD is everywhere. And for good reason: many of those ads you see or conversations you hear will tout CBD as an all-natural solution for insomnia, stress, aches, and so much more. And this plant-based product comes in so many forms, making it easy to consume and simple to purchase. But with so much information and wide-spread availability, you may wonder whether all CBD products are legal. And if so, are they legal in your state? And what about the rest of the United States, is CBD legal in all 50 states?
Now, we’re not surprised about your confusion. CBD is a cannabinoid extracted from cannabis plants. And marijuana, which is a federally-controlled substance, is also a member of the cannabis family. So, it’s easy to get confused about CBD’s legality. But here’s the thing: CBD is just one of hundreds of cannabinoids concentrated in cannabis plants. Tetrahydrocannabinol (THC) is another. In fact, THC is the cannabinoid responsible for that euphoric high you experience with marijuana products.
1937: The Marihuana Tax Act of 1937 was passed, banning the cultivation of marijuana and hemp in the United States, despite their varying effects and uses.
Early 20th Century: In the early 1900s, increased Mexican immigration to America introduced marijuana to locals, as they used it for calming and medicinal benefits. But the THC in marijuana produced psychoactive effects and, due to public health concerns, politics, and prejudice, all cannabis products, including hemp, became suspect.
Primarily CBD is used in medicine to treat epilepsy and to calm the nerves however CBD products are starting to enter the market and they can be used for more than medicine.
Nevada – Legalized medical marijuana and CBD products that are approved by the FDA.
What Is CBD & Is It Legal?
Nebraska – Legalized medical marijuana and CBD products that are approved by the FDA.
Cannabidoil or CBD for short is a chemical compound known for its numerous health benefits and its application in medicine . CBD is derived from the Cannabis sativa plant which includes multiple hemp varieties like the marijuana plant.
Texas – The use of CBD products is legal if it’s below 0.3% THC. However, CBD for medical use is legal as long as it’s below 0.5% THC levels.