The growing popularity of CBD oil and hemp oil continues to grow in the U.S and many people are looking for these products because of their medical benefits. For many years, there has been no clear law cutting across the states as to whether CBD oil is legal. While many people consume this form of marijuana all for recreational and medical reasons, it is not clear to what extent it is legally accepted. Therefore, many people are asking the question “is CBD oil legal in all 50 states?” There is no straight answer to this question, but this article will try to respond to the question in a more detailed yet simple way to help you know whether it is legal where you live.
The fight for the legalization of CBD has been around for many years and thanks to the 2014 Farm Bill that legalized hemp in all the 50 states. However, even after the passage of this law, the legality of CBD is still not clear to many people. This article is based on the extensive research carried to comb through the laws of each state to help understand the legal status of CBD in the 50 states. Here is what you may not have known:
The legality of CBD Largely depends on Its Source
It should be noted that CBD derived from hemp is legal in all the 50 states whereas ‘marijuana’-derived CBD is considered illegal by the federal government despite that both are from the cannabis family. this means that although marijuana and hemp share certain similarities, they also have defining differences hence their varied treatment under the law. Hemp is deemed as a form of cannabis that has THC levels below 0.3 percent while marijuana is recognized as having higher levels of THC, a psychoactive element that affects human health. This is the reason most CBD supplements used for medical purposes are made from hemp as opposed to marijuana. For marijuana to qualify as a risk-free component, it will require that THC levels are moderated within the legal limits. Hemp cannabis is rich in CBD and has low THC, making them the most appropriate for CBD processing.
Therefore, if the CBD is from hemp, then it is generally accepted to be legal across the 50 states in the U.S. On another hand, the CBD processed from marijuana is only legal in selected states where marijuana is legal.
So, where is CBD illegal in the U.S?
After the coming into force of the 2018 Farm Bill, CBD without traces of THC is now legal in all the states and federally. however, because the law is still at its infancy, many states have not fully embraced the legality of THC-free CBD. In addition, the pace at which the states are adopting the law is different as such, the changes are slowly taking shape.
Here is an outline of the four categories of jurisdiction prior to the enactment of the 2018 Farm Bill.
The extremely Friendly States.
These are states whose laws expressly allows people and businesses to sell industrial hemp-derived BCD and its related products. These states include Alaska, Tennessee, Colorado, Wisconsin, Indiana, Oregon, Kentucky, Maryland, Missouri, New York, Illinois, North Carolina, Rhode Island, South Carolina, Utah, and Vermont.
The friendly States.
In these states, the law allows for growing and production of industrial-based CBD provided it complies with the 2018 Farm Bill. However, this does not include agricultural pilot program, as it is not included in the definition of marijuana. The states include Kansas, the District of Columbia, Oklahoma, Montana, Hawaii, New Mexico, and North Dakota.
The Gray Area States.
These jurisdictions have established express restrictions against the retailing of industrial CBD made from hemp while having exemptions based on the law legalizing hemp-derived CBD products.
They include Florida, Arkansas, Idaho, Delaware, Mississippi, Georgia, Iowa, New Jersey, Louisiana, Virginia, Maine, Texas, Massachusetts, Minnesota, New Hampshire, Pennsylvania, and Washington.
States that have shown Concern.
These states have no outright laws disallowing the sale of industrial hemp-derived CBD. However, retail sale of industrial hemp-derived CBD products remains a risky affair, especially after the recent enactment of law and enforcement actions. These states are Alabama, Nebraska, Arizona, California, South Dakota, Connecticut, Michigan, Nevada, Ohio, Wyoming, and West Virginia.
Concluding Remarks: Is CBD Oil Legal in 2019?
Yes, it is legal in all the 50 states to purchase and consume CBD derived from hemp. However, marijuana-derived CBD is not legal under federal law. According to federal law, a hemp is a form of cannabis containing THC below 0.3% and marijuana as having THC above 0.3%. Therefore, it is advisable to check whether your specific state has prohibitions on the sale or consumption of CBD or hemp-derived CBD.