The use of CBD has been controversial due to the lack of understanding of what it is and what it does. Many confuse CBD with THC—the psychoactive component in cannabis. CBD is not psychoactive or addictive. In fact, it may actually help people who are recovering from addiction.
Thankfully, the stigma surrounding CBD is fading as discoveries emerge showing the incredible usage of CBD for chronic pain, illness, and mental disorders. CBD oil has demonstrated positive effects for those suffering from epilepsy, cancer, Alzheimer’s disease, arthritis, and type 1 diabetes. Moreover, studies suggest that CBD can help with depression, nausea, anxiety, and sleep disorders.
The question still remains, is CBD legal? The answer is: it’s complicated. To answer this question fully and accurately, we need to understand what CBD oil is and how it’s derived.
What is CBD oil?
CBD is the abbreviation for cannabidiol. Cannabidiol is one of the 100+ cannabinoids found in the cannabis plant. CBD oil is extracted from either a hemp or marijuana plant. Which plant it’s derived from determines the amount of CBD and THC that the oil contains. The type of cannabis plant that the oil is extracted from can be the difference between it being legal and illegal to purchase and use in certain states.
Hemp or “industrial hemp” refers to cannabis plants that contain less than .3% THC. These plants are considered legal throughout all 50 states according to the federal government, but each state may apply their own restrictions. Any cannabis plant that contains more than .3% THC is considered marijuana. Marijuana is not currently 50 state legal.
Is CBD legal?
While hemp and marijuana are both a part of the cannabis family, they have different chemical makeups. The most notable difference is the amount of THC that each plant contains. Hemp plants can contain up to 0.3% THC while marijuana can contain up to 30% THC.
CBD derived from hemp is legal in all 50 states. However, CBD obtained from, marijuana is a bit more tricky because of the THC levels. There are 8 states which marijuana-derived CBD is legal as of 2018: California, Colorado, Nevada, Oregon, Massachusetts, Maine, Washington, and Alaska. In these states, the recreational use of marijuana and substances derived from marijuana are legal.
However, in the remaining states, laws regarding the amount of THC allowed in CBD oil vary. In 29 states, the usage of marijuana-derived CBD oil is legal with a prescription (Includes the 8 states mentioned before). This includes Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia.
In 17 other states, marijuana-derived CBD is legal, but the amount of THC allowed varies from state to state. This includes Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.
The new Farm Bill
There was a farm bill passed in 2014 which put in place a pilot research program. This program authorized universities and state agriculture departments to study and grow hemp under certain conditions. However, the new 2018 farm bill will further change the way we can grow and study hemp and CBD.
When President Trump signed the 2018 farm bill, hemp was removed from the controlled substances list, and many restrictions surrounding hemp were lifted. It was a long-awaited day for many Americans, especially farmers. The new farm bill is officially known as the “Agriculture Improvement Act of 2018.”
Hemp was once considered a vital tool to our ancestors.
Although hemp looks very similar to marijuana, as mentioned earlier, they are very different. Unfortunately the similarities they do have kept hemp from being available for many years.
Thankfully, people are opening their minds to hemp and its many benefits. The 2018 farm bill is a huge leap forward for people who need access to CBD products.
Although hemp has been removed from the controlled substances list and production is allowed in every state, each state is still able to regulate hemp and CBD products. Even though the new bill opens up many doors for the hemp industry, there are still some restrictions in some states that are made by the state. These restrictions mainly apply to how much THC is in the CBD or hemp product.
While many states are coming around to the idea of medical marijuana and even recreational marijuana, marijuana is still not legal in all 50 states.
The new bill will allow more freedom for farmers, scientists, and producers to learn more about CBD and produce more CBD products.
While yes, CBD is considered legal as long as it is derived from hemp, there are also many variables to be considered. Many states have their own rules and regulations on CBD. Unfortunately, these rules and regulations change often, so you have to keep up with the latest news on CBD and check with your state laws to ensure that you’re in the clear.
Intrinsic Hemp uses 100% legal hemp grown in Kentucky which is covered by the 2014 farm bill. Our legal CBD edibles contain THC levels within the legal limit, as well as all of our CBD oil products. You never have to worry about getting a product that is not legal and safe to use regardless of which state you live in.
*The legal landscape surrounding CBD is not entirely clear. Intrinsic Hemp does not provide legal advice, and we recommend that you check your state laws to determine for yourself if CBD is legal in your state.
The Legal Status of CBD in Each State as of 2019
Is CBD Oil Legal in Alabama
Alabama Attorney General Steve Marshall issued a public notice in 2018 legalizing industrial hemp and CBD in the state. The public notice states, “CBD derived from industrial hemp, with a THC concentration of not more than 0.3%, can be legally produced, sold, and possessed in the State of Alabama.”
Is CBD Oil Legal in Alaska
In 2018 the Governor of Alaska, Bill Walker, passed legislation that legalized industrial hemp and CBD in Alaska. He even showed his support by signing the document with a hemp pen. CBD oil with less than 0.3% THC is legal in Alaska
Is CBD Oil Legal in Arizona
Arizona has long welcomed the use of industrial hemp and CBD. You can find CBD oil in health food stores and CBD retail stores in Arizona.
Is CBD Oil Legal in Arkansas
CBD oil is legal in Arkansas. Arkansas is also supporting and encouraging the cultivation of industrial hemp in the state.
Is CBD Oil Legal in California
The “Golden State” has legalized CBD, hemp, and marijuana. California residents can enjoy CBD in many forms and can be purchase CBD in stores or online at intrinsichemp.com.
Is CBD Oil Legal in Colorado
Colorado was the first state to legalize marijuana for recreational use. CBD oil and hemp products of all kinds are legal and readily available in Colorado.
Is CBD Oil Legal in Connecticut
Governor Dannel Malloy signed a bill legalizing Industrial hemp and CBD in the state. You can find a variety of CBD oil and other products in Connecticut without a prescription. There is also a bill being examined by the state that will establish Connecticut’s “agricultural pilot program for the purpose of growing or cultivating industrial hemp.”
Is CBD Oil Legal in Delaware
Residents of Delaware can purchase CBD derived from industrial hemp. The CBD oil must contain less than 0.3% THC to be considered legal in Delaware. Delaware residents can purchase CBD oil from stores in the state or online at Intrinsichemp.com.
Is CBD Oil Legal in Florida
In Florida, people are waking up to the power of industrial hemp as medical dispensaries are popping up all over the state. Florida has already created legislation and continues to pass legislation encouraging the use of industrial hemp and CBD.
Is CBD Oil Legal in Georgia
Thankfully, CBD is available to Georgia residents without restriction. While there are restrictions on marijuana in Georgia, CBD oil with less than 0.3% THC is available without a prescription and can be purchased in stores or online.
Is CBD Oil Legal in Hawaii
All kinds of CBD products are available to purchase in Hawaii without a prescription. Hawaii is a leader in the support of medical marijuana and also strongly supports the use of CBD.
Is CBD Oil Legal in Idaho
CBD products derived from industrial hemp are readily available across the state of Idaho without a prescription.
Is CBD Oil Legal in Illinois
Industrial hemp-derived CBD products are legal to purchase in stores or online in Illinois. The state has also already introduced hemp cultivation programs.
Is CBD Oil Legal in Indiana
In 2018, Indiana’s Governor Eric Holcomb signed a bill into law that removed all restrictions from the use of hemp-derived CBD products. The bill demands CBD products must be derived from industrial hemp and not marijuana as well as be tested by a third-party to guarantee that it contains less than 0.3% THC.
Is CBD Oil Legal in Iowa
While CBD is available in Iowa, the legal status remains foggy. While CBD containing less than .3% THC does seem to be protected under the 2014 farm bill, the state’s definition of marijuana still makes the status unclear. The definition states that “every compound” of the cannabis plant is illegal. This would include CBD. However, the Iowa Department of Public Health will be implementing a program soon that will make CBD available for people with serious medical conditions.
Is CBD Oil Legal in Kansas
Unlike Iowa, in 2018 the state removed hemp from its definition of “marijuana.” Kansas passed a law allowing the cultivation of industrial hemp and the legalization of CBD.
Is CBD Oil Legal in Kentucky
CBD extracted from industrial hemp is legal in Kentucky along with hemp oil and terpene oil. Kentucky is also in support of legislation that pushes to legalize both medical and recreational marijuana in the state.
Is CBD Oil Legal in Louisiana
CBD is legal and can be purchased without a prescription in Louisiana. The state has also passed legislation in support of medical marijuana.
Is CBD Oil Legal in Maine
Industrial hemp and CBD are available in Maine in stores or online without a prescription. Maine is also in favor of hemp to be used in a wide variety of other products. The Maine Hemp Association states, “Industrial hemp is a renewable, sustainable, and environmentally friendly alternative to our toxic and nonrenewable resources that we consume today.”
Is CBD Oil Legal in Maryland
CBD hemp oil can be purchased in Maryland without a prescription. The state also provides medical marijuana to their residents with a prescription for it.
Is CBD Oil Legal in Massachusetts
CBD and hemp oil are available to purchase in the state of Massachusetts. The state is always pursuing new legislation to provide its residents with the access they need to industrial hemp products.
Is CBD Oil Legal in Michigan
CBD oil is available across the state of Michigan and online. The state is also taking action to encourage the production of industrial hemp and CBD products.
Is CBD Legal in Minnesota
CBD derived from industrial hemp is legal across the state of Minnesota. “Minnesota has an opportunity to be on the cutting edge of an emerging industry that will have exceptional benefits for Greater Minnesota and our state as a whole”. – Mary Franson, Minnesota State Representative.
Is CBD Legal in Mississippi
CBD oil that is extracted from hemp and contains less than .3% THC is legal in Mississippi. There are many different CBD products that can be purchased and enjoyed across the state.
Is CBD Oil Legal in Missouri
In 2014 Missouri passed legislation that allows the cultivation of industrial hemp on state soil. State residents are also free to purchase CBD and hemp products across the state or online.
Is CBD Oil Legal in Montana
Hemp and CBD oil are available across the state of Montana without any restrictions. The state has also made medical marijuana available to its residents.
Is CBD Oil Legal in Nebraska
In Nebraska, the laws on CBD remain foggy. While CBD oil with less than 0.3% THC is no longer on the federal controlled substances list, the law leaves regulating CBD oil to the individual states. Currently in Nebraska CBD is only available to those with seizures.
Is CBD Oil Legal in Nevada
CBD is legal and available in Nevada. Nevada has also been legally growing hemp since 2008. All forms of cannabis including medical and recreational marijuana are available to the residents of Nevada.
Is CBD Oil Legal in New Hampshire
CBD oil extracted from industrial hemp is available in the state of New Hampshire. Customers have many different CBD products to choose from in this state and can do so without worry.
Is CBD Oil Legal in New Jersey
CBD oil is available in New Jersey without restrictions. Governor Phil Murray is also in favor of the legalization of marijuana. He intends to loosen many of the state’s laws regarding medical marijuana. “The criminalization of marijuana has only served to clog our courts and cloud people’s futures, so we will legalize marijuana”, said Murray.
Is CBD Oil Legal in New Mexico
CBD oil extracted from hemp can be purchased in New Mexico without a prescription. However, medical marijuana requires a prescription.
Is CBD Oil Legal in New York
New York is providing its residents with CBD oil and other products in its stores across the state. However, the products must contain less than 0.3% THC to be legal.
Is CBD Oil Legal in North Carolina
CBD oil, as well as other CBD products, can be purchased across the state of North Carolina in stores or online.
Is CBD Oil Legal in North Dakota
North Dakota has welcomed hemp for many years now. Hemp products and CBD products extracted from hemp are available to its residents. The state is also currently implementing a medical marijuana bill.
Is CBD Oil Legal in Ohio
CBD products are legal in Ohio, but only when sold by a licensed dispensary who is a part of the states sanctioned medical marijuana program.
Is CBD Oil Legal in Oklahoma
Oklahoma is a state that seems to value CBD and its benefits. Hemp and CBD products are freely available across the state of Oklahoma.
Is CBD Oil Legal in Oregon
CBD oil and other CBD products are widely available across the state of Oregon. Not only that, all forms of cannabis including medicinal and recreational marijuana are considered legal in Oregon.
Is CBD Oil Legal in Pennsylvania
Hemp and CBD products can be purchased in Pennsylvania without any restrictions. Hemp is also currently being grown in the state of Pennsylvania.
Is CBD Oil Legal in Rhode Island
Rhode Island has proven to be a very progressive state and is on board with the production oh hemp throughout the state. Medical Marijuana is also available to the residents of Rhode Island.
Is CBD Oil Legal in South Carolina
A wide variety of hemp products from CBD oil to CBD edibles are available to purchase across the state. The CBD or hemp products must contain less than .3% THC.
Is CBD Oil Legal in South Dakota
The only CBD product currently legal in South Dakota is a prescription drug called Epidiolex. This is a prescription drug for those with epilepsy.
Is CBD Oil Legal in Tennessee
Customers do not need a prescription to purchase CBD products containing less than .3% THC in the state of Tennessee. Many CBD products are available to Tennessee residents including CBD oil.
Is CBD Oil Legal in Texas
CBD oil and other CBD products containing less than .3% THC are available and free to purchase in the state of Texas.
Is CBD Oil Legal in Utah
CBD oil is booming in Utah. CBD oil and other CBD products containing less than .3% THC are free to purchase and widely available in the state of Utah.
Is CBD Oil Legal in Vermont
CBD oil and other CBD products are available in Vermont without restrictions. A new Act also allows people registered with the Agency of Agriculture Food & Markets to cultivate industrial hemp in Vermont. Talking about hemp the Act states that it “has numerous beneficial, practical, and economic uses including high-strength fiber, textiles, clothing, biofuel, paper products, protein-rich food containing essential fatty acids and amino acids, biodegradable plastics”
Is CBD Oil Legal in Virginia
CBD products containing less than .3% THC are available across the state of Virginia. CBD can easily be purchased in this state over-the-counter. Terpenes and other hemp products are also widely available.
Is CBD Oil Legal in Washington
CBD extracted from hemp can be enjoyed in a large variety of ways throughout Washington. CBD products can be purchased over-the-counter without a prescription in Washington.
Is CBD Oil Legal in West Virginia
Hemp is making a comeback to the state of West Virginia. West Virginia was one of the first states to recognize the benefits of hemp. CBD products are legal to purchase across the state of West Virginia.
Is CBD Oil Legal in Wisconsin
Residents across the state of Wisconsin are free to purchase CBD oil and other CBD products that contain less than .3% THC.
Is CBD Oil Legal in Wyoming
The state of Wyoming is a strong supporter of hemp and CBD products. Residents can purchase CBD oil and other CBD products across the state.
Due to FDA Regulations, we recommend that you do your own research on CBD products. We also suggest that you read the reviews on our website; where our customers record their real-world results of using our products.