Is CBD Oil Legal in All 50 States?
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.
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.
While most states allow the use of both hemp and marijuana-derived CBD oil, there are four states in which marijuana-derived CBD oil is not legal—not even with a prescription. These four states are Idaho, Kansas, Nebraska and South Dakota. However, hemp derived CBD is still legal in these states.
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, a new farm bill is due to be passed which will further change the way we can grow and study hemp and CBD. If the 2018 farm bill passes, it will completely remove CBD from the controlled substance list.
While yes, CBD is considered legal as long as it is derived from hemp, there are also many variables to the consider. 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.