Is CBD Legal in all 50 States
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Posted in Uncategorized
August 21, 2019

Is CBD Legal in all 50 States in the USA

CBD or Cannabidiol is a compound found in hemp and marijuana. It is activated when the plant is heated in a process called decarboxylation. The parent compound of CBD is called CBDA or Cannabidioloc-acid. CBD’s main function is to act as an antagonist on receptors such as CB1 and CB2. CBD then blocks off the effects of THC thereby lessening the “high” that certain marijuana strains provide. For consumers, look for strains with low CBD content because they give a better high. 

A by-product of CBD is CBD Oil. This CBD Oil has a lot of benefits for human consumption such as providing relief from pain, reduce anxiety, stress, and depression, treat acne, and many others. CBD Oil products are now being sold everywhere and you, as a consumer, might be asking is CBD legal in all 50 states knowing that it came from the Cannabis plant? The answer is yes and no. To be more specific, if the product is hemp-derived then yes, it is legal in most states. But, if it is marijuana-derived, only certain states have legalized it. The Original Pharmacist attempted to discuss the difference between hemp and marijuana-based oil on his website.

Hemp-Derived CBD

CBD made from Hemp has been legalized courtesy of the 2018 Farm Bill. This is because the Hemp is a Cannabis plant that has 0.3 percent THC levels. This level of concentration is not enough for someone to get “high”.

Marijuana Derived CBD

CBD made from Marijuana is still considered by CSA as a compound that can be abused. This is because Marijuana plants contain high levels of THC which is a compound found in Cannabis that affects the brain and alters human behavior. The THC levels in Marijuana goes as high as 30%.

The 2018 Farm Bill

The catalyst in legalizing hemp-derived CBDs across states in America. This bill excluded Hemp as a Schedule I substance classifying it as an agricultural commodity. As a result, CBD became legal in most of the states provided they are hemp-derived. Transportation, sales, and possession of the said product have also been allowed. The exclusion was based on the following requirements: 

  • Hemp should have less than 0.3 percent of THC Concentration
  • Hemp should follow the shared state-federal regulations
  • Hemp should be grown by licensed cultivators

The table below summarizes the states where Hemp and Marijuana-Based CBD products are considered legal or illegal. Some states have very vague laws around it and they have also been indicated in the table

Hemp-Derived CBD Marijuana-Derived CBD
Alabama Legal under 2018 Farm Bill rules Illegal

** With certain exemptions. See below.

Alaska Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Arizona Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Arkansas Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

California Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Colorado Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Connecticut Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Delaware Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Florida Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Georgia Legal under 2018 Farm Bill rules Illegal

** With certain exemptions. See below.

Hawaii Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Idaho Only CBD products with 0.0 percent THC Only CBD products with 0.0 percent THC
Illinois Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Indiana Legal under 2018 Farm Bill rules Illegal
Iowa Legal under 2018 Farm Bill rules Illegal

** With certain exemptions. See below.

Kansas Legal under 2018 Farm Bill rules Illegal
Kentucky Legal under 2018 Farm Bill rules Illegal
Louisiana Legal under 2018 Farm Bill rules Illegal
Maine Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Maryland Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Massachusetts Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Michigan Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Minnesota Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Mississippi Legal under 2018 Farm Bill rules Illegal
Missouri Legal under 2018 Farm Bill rules Illegal
Montana Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Nebraska Illegal Illegal
Nevada Legal under recreational Cannabis Law Legal under recreational Cannabis Law
New Hampshire Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

New Jersey Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

New Mexico Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

New York Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

North Carolina Legal under 2018 Farm Bill rules Illegal
North Dakota Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Ohio Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Oklahoma Legal under 2018 Farm Bill rules Illegal
Oregon Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Pennsylvania Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Rhode Island Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

South Carolina Legal under 2018 Farm Bill rules Illegal

** With certain exemptions. See below.

South Dakota Illegal Illegal
Tennessee Legal under 2018 Farm Bill rules Illegal
Texas Legal under 2018 Farm Bill rules Illegal
Utah Legal under 2018 Farm Bill rules Illegal
Vermont Legal under recreational Cannabis Law Legal under recreational Cannabis Law
Virginia Legal under 2018 Farm Bill rules Illegal
Washington Legal under recreational Cannabis Law Legal under recreational Cannabis Law
West Virginia Legal under 2018 Farm Bill rules Illegal

**Legal for medicinal use only

Wisconsin Legal under 2018 Farm Bill rules Illegal

** With certain exemptions. See below.

Wyoming Legal under 2018 Farm Bill rules Illegal

 

In nine states listed above, both hemp and marijuana-derived CBD is legal but if the CBD product is made from an unlicensed grower then it is not allowed. It should not be shipped or else you can be prosecuted.

There are also some states with very specific conditions on when and how CBD strains can be used such as:

  • Alabama

Alabama has allowed certain exemptions for use of Marijuana-derived CBD products. They allowed possession and use of CBD products with more than 0.3% but no more than 3% THC levels as long as the person has a debilitating condition. Further study is ongoing.

  • Georgia

Should you wish to use CBD products to treat some of your medical conditions, you should apply for a “low THC oil” card. The law in Georgia is quite unclear thus it is advised to be careful in purchasing and possessing all forms of CBD

  • Iowa

The state passed a Senate bill allowing the use of CBD with less than 3% THC concentration to treat intractable epilepsy in children.

  • South Carolina

Allows the use of CBD to treat patients with severe epilepsy.

  • Virginia

Allows the use of CBD to treat children with severe epilepsy.

  • Wisconsin

Allows the use of CBD as long as a doctor certifies that it is being used to treat medical conditions.

Conclusion

To answer the question, Is CBD legal in all 50 states. The safest answer is no even if it is hemp-based or marijuana-based CBD product. The laws related to cannabis for each state constantly and rapidly changes and soon we might give you a resounding yes for an answer but not today. It is recommended to always check the laws surrounding cannabis use and possession in the state you are about to visit. Cannabis law on use and possession are a lot stricter compared to CBD products use and possession so be specific on which product you are more concerned with.

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