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.
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.
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.
Some local health departments, for example, may choose to prohibit the sale of CBD in food and beverage products in commercial establishments.
Even within states that allow the legal sale of hemp-derived CBD, there may be complications at the local level.
Louisiana – Legalized medical marijuana and CBD products that are approved by the FDA.
Maine – Legalized medical marijuana and CBD products that are approved by the FDA.
Wisconsin – The law is unclear on whether CBD products are legal or not in Wisconsin. Possession of CBD products is considered a misdemeanor and is punishable by jail sentence. However the attorney general did advise law enforcement to not enforce this law. If you plan to use CBD oil in Wisconsin, we advise getting a physician’s certificate just in case.
Arkansas – Legalized medical marijuana and CBD products that are approved by the FDA.
What differentiates them is the THC content of each plant. This is also why federal law places much importance on the source of the CBD products since one of them is legal (hemp) while the other (marijuana) is not.
It depends on whether you’re flying domestically or internationally.
Virginia – CBD is legal if it is obtained legally and if it follows FDA guidelines. Medical conditions also allow for the use of CBD not more than 0.5% THC.
The following states have legalized CBD, some only for specific medical purposes:
In addition to these states, sever other states have legalized medical marijuana:
The 2018 Farm Bill legalized, on the federal level, the regulated production of hemp, or any part of the cannabis plant with a THC concentration below 0.3%. States, however, have the final say in whether or not cannabis-derived products are legal within their state lines.
Is CBD Legal in the U.S.?
There are 17 states called that legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement.
CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant.
Marijuana legality varies by state, as does CBD legality.
CBD must be legal on both the federal level and the state level in order for it to be legal in your state.