CBD Oil Legal In All 50 States

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The 2018 Farm Bill declared hemp federally legal across the US. Does this mean that CBD is legal in all states? The answer isn't that simple. The Farm Bill has made CBD legal in all 50 states. But what types of CBD are legal on the federal level – and what types are limited to those with legal medical and recreational cannabis markets? Let’s break it down!

Is CBD Legal in All States? [2022 Updated Explanation]

Although the CBD industry continues to make waves in the United States and abroad, there remain question marks over its legality. Even today, people interested in purchasing a CBD product aren’t quite sure whether it is legal in all 50 states.

Unfortunately, there isn’t a straightforward ‘yes’ or ‘no’ answer because the federal government refuses to legalize CBD. Therefore, as is the case with marijuana and THC, it is up to each state to decide. Important factors in the legality of CBD products include whether the company extracted the cannabinoid from hemp and the THC content.

Although marijuana and hemp are closely related, they’re classified differently under state and federal law.

Understanding this difference is vital for the legal use of CBD – no matter which state you live in.

Below, we try to set straight some of this ongoing confusion and provide a simple, easy-to-read guide on the legality of CBD in all 50 states plus Washington, D.C.

Is CBD Legal in All 50 States?

Due to its close association with marijuana, CBD has developed a confusing and, at times, even contradictory legal history in the U.S. Additionally, there is a lot of misinformation out there complicating the issue further.

So, is CBD oil legal in all 50 states? Generally speaking, there are three instances in which individuals can legally obtain CBD in their home state:

  • If the CBD products are derived from hemp and have a maximum of 0.3% THC
  • If the state has a medical cannabis program and the person has a valid MMJ card
  • If the person is 21+ and lives in a state where recreational marijuana is legal

The 2018 Farm Bill legalized the cultivation of industrial hemp with a maximum of 0.3% THC. While the legislation didn’t legalize CBD itself, it eased the pressure on sellers of CBD products in most states. For the record, a Cannabis sativa L. plant with more than 0.3% THC is considered marijuana, a federally illegal substance.

States with medical marijuana programs enable qualifying patients with MMJ cards to obtain CBD from hemp or marijuana legally. In states with recreational marijuana, adults aged 21+ can purchase CBD products regardless of whether they come from hemp or marijuana.

Please note that each state has unique rules about selling, growing, and using medical cannabis. Therefore, it’s important to keep updated with each state’s medical marijuana legislation.

The complete breakdown…

CBD Oil Legal States: The Complete Rundown for 2022

The list of states where CBD is legal keeps growing due to increased active MMJ programs. A significant majority of states now have medical marijuana laws, and quite a few of them also permit recreational weed. Individuals who don’t reside in one of these states will have to go down the avenue of using hemp-derived CBD products.

Below, we will look at the complete rundown of states where CBD is legal. This guide outlines whether hemp CBD products are available and the year when states legalized MMJ. It also outlines states where recreational marijuana is legal and the year the legislation passed.

While CBD derived from hemp containing a maximum THC content of 0.3% is broadly allowed, two states have different rules, which we specify. Finally, please note that sales have yet to begin in some states that recently legalized medical or recreational marijuana.

Alabama

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes (No sales until 2023 at the earliest)
  • Year of MMJ Legalization – 2021
  • Additional Information/Links – Alabama

Alaska

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 1998
  • Year of Recreational Legalization – 2014
  • Additional Information/Links – Alaska

Arizona

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2010
  • Year of Recreational Legalization – 2020
  • Additional Information/Links – Arizona

Arkansas

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2016
  • Additional Information/Links – Arkansas

California

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 1996
  • Year of Recreational Legalization – 2016
  • Additional Information/Links – California

Colorado

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2000
  • Year of Recreational Legalization – 2012
  • Additional Information/Links – Colorado

Connecticut

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2012
  • Year of Recreational Legalization – 2021
  • Additional Information/Links – Connecticut

Delaware

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2011
  • Additional Information/Links – Delaware

Florida

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2016
  • Additional Information/Links – Florida

Georgia

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Year of MMJ Legalization – n/a (However, since 2015, the state has allowed medical cannabis oil with a maximum THC content of 5%, yet it is not considered an MMJ program in a real sense)
  • Additional Information/Links – Georgia

Hawaii

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2000 (No dispensary sales until 2017)
  • Additional Information/Links – Hawaii

Idaho

  • Hemp CBD Products Available – Yes (Maximum THC content of 0.1%)
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Idaho

Illinois

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2013
  • Year of Recreational Legalization – 2019
  • Additional Information/Links – Illinois

Indiana

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Indiana
  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No (However, Iowa allows qualifying patients with one of a handful of serious conditions to buy products with a maximum combined THC content of 4.5 grams per 90-day period. This is not considered a proper MMJ program)
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Iowa

Kansas

  • Hemp CBD Products Available – Yes (NO THC allowed)
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Kansas

Kentucky

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Kentucky

Louisiana

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2015
  • Additional Information/Links – Louisiana

Maine

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 1999
  • Year of Recreational Legalization – 2016
  • Additional Information/Links – Maine

Maryland

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2014
  • Additional Information/Links – Maryland
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Massachusetts

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2012
  • Year of Recreational Legalization – 2016
  • Additional Information/Links – Massachusetts

Michigan

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2008
  • Year of Recreational Legalization – 2018
  • Additional Information/Links – Michigan

Minnesota

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2014
  • Additional Information/Links – Minnesota

Mississippi

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No (Initiative 65 legalized MMJ in Mississippi in 2020, but the state’s Supreme Court later overturned the decision. State residents await new legislation)
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Mississippi

Missouri

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2018
  • Additional Information/Links – Missouri

Montana

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2004
  • Year of Recreational Legalization – 2020
  • Additional Information/Links – Montana

Nebraska

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Nebraska

Nevada

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2000
  • Year of Recreational Legalization – 2016
  • Additional Information/Links – Nevada

New Hampshire

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2013
  • Additional Information/Links – New Hampshire

New Jersey

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2010
  • Year of Recreational Legalization – 2020
  • Additional Information/Links – New Jersey

New Mexico

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2007
  • Year of Recreational Legalization – 2021
  • Additional Information/Links – New Mexico

New York

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2014
  • Year of Recreational Legalization – 2021
  • Additional Information/Links – New York

North Carolina

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – North Carolina

North Dakota

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2016
  • Additional Information/Links – North Dakota
  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2016
  • Additional Information/Links – Ohio

Oklahoma

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2018
  • Additional Information/Links – Oklahoma

Oregon

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 1998
  • Year of Recreational Legalization – 2014
  • Additional Information/Links – Oregon

Pennsylvania

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2016
  • Additional Information/Links – Pennsylvania

Rhode Island

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2006
  • Additional Information/Links – Rhode Island

South Carolina

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – South Carolina

South Dakota

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2020
  • Additional Information/Links – South Dakota

Tennessee

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Tennessee

Texas

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Texas
  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2018
  • Additional Information/Links – Utah

Vermont

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2004
  • Year of Recreational Legalization – 2018 (Dispensaries will begin selling adult-use marijuana in October 2022)
  • Additional Information/Links – Vermont

Virginia

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2020
  • Year of Recreational Legalization – 2021 (Commercial sales to begin in January 2024)
  • Additional Information/Links – Virginia

Washington

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 1998
  • Year of Recreational Legalization – 2012
  • Additional Information/Links – Washington

West Virginia

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 2017
  • Additional Information/Links – West Virginia

Wisconsin

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Wisconsin

Wyoming

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Year of MMJ Legalization – n/a
  • Additional Information/Links – Wyoming

Washington, D.C

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Year of MMJ Legalization – 1998 (But blocked by Congress until 2009)
  • Year of Recreational Legalization – 2014 (No commercial sales permitted)
  • Additional Information/Links – Washington, D.C

(*) This state does NOT currently have an operational medical marijuana program. However, medical-grade CBD cannabis oil may be available through doctor recommendations for select qualifying conditions. For more information, please check the relevant link for each state.

Is Hemp Legal in All 50 States?

The answer is ‘yes,’ but this situation only came to pass recently.

When the 2018 Farm Bill was signed into law, the assumption was that industrial hemp automatically became legal in every state. However, each state had to submit a hemp cultivation plan to the United States Department of Agriculture (USDA) and wait for approval.

States that opted not to devise a regulatory program relied on the USDA creating such a program. In this situation, hemp growers in states without a specific plan had to apply for licenses and comply with a federally run program.

Most states followed through, but there were a few holdouts. Finally, in April 2021, Idaho legalized industrial hemp production, processing, research, and transportation. It was the 50 th and final state to do so.

When Will CBD Be Legal in All States?

At present, Epidiolex, a pharmaceutical drug available on prescription, is the only product containing CBD that’s FDA-approved. It is worth repeating: Industrial hemp IS federally legal; CBD is not!

CBD will only become legal in all states when the cannabinoid becomes federally legal. This is not the case at present, and it is unlikely to happen for the foreseeable future. The possibility exists that medical marijuana will eventually become legal in the United States. In that event, individuals with MMJ cards could legally buy CBD from hemp or marijuana.

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It remains incredibly unlikely that MMJ will become federally legal before 2024, however, and it could be many more years before it does happen.

Another scenario where CBD becomes legal in all states is if each location passes laws to that effect. The substance wouldn’t be federally legal, but you could safely purchase it without fear of repercussions. However, this is a situation that’s every bit as unlikely as the federal legalization of recreational marijuana!

Final Thoughts: CBD Legal Status by State

With all of the differing rules and regulations, not to mention misinformation, it can be difficult to keep track of CBD’s legal status in each state. Hopefully, this guide has cleared things up a bit and provided a much clearer idea of whether or not CBD is legal in your state.

You can buy CBD in any American state as long as it is derived from hemp plants. Barring two exceptions (Idaho and Kansas) where the THC limit is even lower, such products must contain a maximum THC concentration of 0.3% or less. Alternatively, it is possible to get CBD products through some states’ medical cannabis programs, depending on the state-specific rules and regulations.

Is CBD Legal? A Federal-to-State Guide to the Legal Status of CBD Products

All of a sudden CBD seems to be everywhere, from dispensaries to local health stores to vape shops, massage spas, and specialty online stores.

And yet, there’s still a lot of confusion when it comes to the legal status of CBD. After all, the compound is derived from cannabis plants, and the federal law is, least to say, murky when it comes to that.

Long story short, CBD is legal in the US, but the status of certain products will vary depending on where the CBD comes from.

The legal CBD market is still unregulated by the FDA — although this is about to change soon — so it’s not uncommon to stumble upon a mislabeled product or one that contains hazardous additives.

For this reason, we’ve decided to break down the legality of CBD across the United States — and devote part of this article to the laws and regulations regarding CBD products around the world.

Let’s start with answering the substantial question.

Is CBD Legal?

Two factors decide whether or not CBD is legal in the United States:

  • Source – CBD can be derived from hemp and marijuana. Both plants belong to the same botanical family — Cannabis sativa L. — but they don’t share the same characteristics (more on that later). Hemp-derived CBD is legal in all 50 states, while marijuana-derived CBD is legal only in the states with medical or recreational (or both) marijuana laws.
  • THC content – this factor is closely related to the first one. Hemp plants are bred to contain 0.3% THC or less in order to fit within the federal limits for THC content. Anything above that is considered marijuana; as of this writing, THC is a Schedule I controlled substance according to federal law. Possession, cultivation, and sale of marijuana is a federal felony holding strict punishments for those who cross the law. The federal law stays in stark contrast to the policies of marijuana-friendly states.

In simple words, if your CBD product comes from hemp and contains no more than 0.3% THC — this should be proven by the Certificate of Analysis (CoA) from a third-party laboratory — you don’t need to worry about any legal consequences since you’ve bought a health supplement.

But when you’re looking for a marijuana-derived CBD oil, you’ll be able to buy it only in certain states. However, taking marijuana products out of a state is still a federal felony, even if you’re transporting it between two states that have legalized some form of marijuana.

Now that we’ve established the factors determining the legal status of CBD, let’s go further down the rabbit hole.

CBD Legal Status on the Federal Level

The federal government has a long history of cannabis. While people have been using the plant for recreational and medical purposes, the authorities have taken it as an excuse to discriminate against people of color and criminalize citizens for possession although they never had scientific evidence to prove the alleged social harms caused by cannabis (1).

Several decades later, the federal government has decided to loosen its stance on cannabis. As legalization draws near thanks to the mutual work of medical researchers and activists, CBD has been removed from the list of controlled substances.

Of course, there are some exceptions to that.

First, the CBD must be derived from hemp, which is a variety of cannabis with less than 0.3% of THC per dry mass.

Another form of CBD approved by the federal government is the pure, isolated form of cannabidiol.

However, when CBD comes from marijuana plants, it is still considered an illegal substance that can only be purchased in states with legal marijuana markets.

That doesn’t stop the federal government from enforcing its “anti-drug” laws, so theoretically speaking, you can still face a felony charge if the federal authorities deem it the right thing to do.

Since the majority of CBD products for sale are made from industrial hemp, they are legal in all 50 states. As long as you can prove your CBD oil has less than 0.3% of THC, you’re in the clear.

Is CBD Legal in Every US State?

The 2018 Farm Bill legalized hemp on the federal level, reclassifying the plant as an agricultural commodity. Hemp is now legal to grow and sell for any purpose, including health supplements containing CBD.

As with any federal law, individual states may accept the new regulations or impose their own restrictions on CBD products. Currently, CBD is legal in every state in some form. The states with limited access to the full spectrum of CBD products include Iowa, Kansas, Mississippi, and North Carolina.

We always recommend checking with the local laws of your state to make sure. This is an informative article and you shouldn’t take it as legal advice. If you have any doubts regarding the legal status of CBD where you live, consult a legal expert.

The same goes for buying any CBD product and your health. We encourage you to consult a trustworthy medical expert for professional advice on taking CBD oil.

Hemp vs Marijuana: Why Not Every Type of CBD is Legal

As mentioned earlier, hemp and marijuana are members of the same plant family, but that doesn’t mean they share the same chemical profile.

In fact, they vary significantly when it comes to the ratio between CBD and THC (2).

Hemp is bred to have 0.3% of THC or less, but on the other hand, it comes with higher levels of CBD (up to 12% in industrial hemp).

Most marijuana strains contain significant amounts of THC, between 5–35% depending on the strain. They usually come with negligible CBD levels (0.1–3%). However, some marijuana plants may boast higher concentrations of CBD due to selective breeding. Selectively bred hybrids have higher ratios of CBD to THC.

While hemp is legal on the federal level, marijuana is only legal in 15 states (recreational use). 48 states allow some form of medical-grade CBD for people with a doctor’s recommendation or medical marijuana card.

How Hemp Crops Can Sometimes Become Marijuana

The “ miracle” of reproduction makes it possible for hemp plants to become marijuana — no matter how strange it sounds.

If a female hemp plant and its male counterpart hook up, most of their offspring will be able to produce more than 0.3% of THC. As a matter of fact, some of these seedlings will only make THC (3).

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Cannabis plants are almost always either female or male, unlike most flowering plants. And when the plants reproduce, their traits combine, and once dormant genes — like those responsible for THC secretion — can suddenly become active.

The ability of biological organisms to fluctuate is a variable that makes farmers and growers always concerned about their yields. Therefore, they always strive to prevent sexual reproduction.

Sadly for our male readers, the cannabis patriarchy is smashed where CBD-rich hemp grows. Farmers simply don’t want a male in their field because its presence may destroy the whole crops.

The above condition is easy to achieve when growing hemp in a greenhouse. But since cannabis is abundant in the wild, an outdoor hemp field can suddenly start breeding marijuana if the pollen is close enough.

Other Ways THC Can Sneak into Your CBD Oil Bottle

To collect cannabinoids from hemp, farmers take the harvested plants to an extractor, who collects the source material and preps it for sale. The problem with CBD extraction is that it follows the same process as THC extraction. If your manufacturer does it incorrectly, illegal doses of THC may pass into the final product.

This can be prevented with a chemical solvent. Don’t worry, as daunting as it sounds, a solvent is any substance that can dissolve another. For example, water is one of nature’s most effective solvents — but it won’t work with cannabinoids, as they only dissolve in fats and alcohols.

Liquid CO2 and ethanol are two popular solvents with distinct advantages. CO2 is highly efficient at pulling cannabinoids from plants, but it requires cold temperatures, such as -70 degrees Fahrenheit to remain liquid.

Alcohol extraction, in turn, can be performed at warmer temperatures — similar to how companies make liquor.

Then, there’s a process called fractional distillation, which allows for separating different cannabinoids based on a specific temperature. Once the cannabinoids are separated, the extractor adds the entire CBD. THC is added later in order to make sure its content doesn’t exceed 0.3%.

If an extractor makes a mistake, it might taint your CBD oil with an illegal dose of THC.

The Two Farm Bills that Made CBD Legal

In 2014, former President Barack Obama signed the Agricultural Act of 2014 also known as the Farm Bill. It made a clear distinction between hemp and marijuana. Moreover, it authorized higher education institutions or state departments of agriculture to run pilot programs and research (4).

The purpose of this act was to find out whether or not hemp cultivation will benefit American farmers and other businesses. The new law was a large success, so the United States decided to follow through.

President Donald Trump signed the Agriculture Improvement Act in 2018 and legalized hemp on the federal level, removing it from DEA regulation. Also, CBD was removed from Schedule I and moved down to Schedule V in the Controlled Substances Act (5).

Where Are We Now?

The legalization of hemp, although exciting, was long overdue and only the beginning of a complex process. CBD manufacturers are still waiting for the FDA to draw out their guidelines on how to market hemp and CBD. If CBD is allowed to be marketed and regulated as health supplements, all those vendors selling fake or dangerous products will immediately disappear from the industry.

Currently, there are no manufacturing and labeling standards in place, which creates space for companies who only want to make a quick buck on people who have never taken CBD in their life. As a result, a person seeking natural ways to improve their quality of life may end up with a contaminated product that doesn’t have any proven benefits.

The FDA announced the formation of the Botanical Safety Consortium in 2019, a group consisting of minds from the industry, academia, consumer-interest groups, non-profit organizations, and the government to spur scientific advances in determining how to better evaluate the safety and efficacy of plant-based ingredients in health supplements.

However, before we receive the long-promised guidelines, CBD users must rely on their research when buying CBD oils, capsules, edibles, or any other supplement containing cannabidiol.

How to Ensure Your CBD Product is Legal

CBD companies can say what they want due to the lack of regulations on the market, so if you’re looking for a decent way to verify these claims, make sure to look for a Certificate of Analysis (CoA) from a third-party laboratory.

Although it’s not obligatory, companies can send samples of their products to independent laboratories for content analysis. These labs will check for the potency of CBD in the sample, as well as for common contaminants, including pesticides, heavy metals, mold, and solvent residue.

Reputable CBD brands are open about their testing practices; they also make the lab reports available on their website or, at least, send them to users via email on request.

If a company doesn’t provide the CoA, they are not worth your time.

Is it Legal to Take CBD Out of State?

The federal government provides protections for the cross-state transportation of CBD products. However, these protections don’t apply to marijuana-derived CBD products. The USDA made it clear in its 2019 memorandum that the 2018 Farm Bill provisions ensure the “free flow of hemp in interstate commerce.”

In other words, the amended Farm Bill prevents states and Native American tribal jurisdictions from banning interstate hemp transportation or shipment provided that it is lawfully produced under the local law, or licensed under the USDA plan. The guidelines were introduced after the government heard reports from states such as Idaho, where authorities announced they would continue to treat CBD as an illegal substance until new federal rules are updated.

Is CBD Legal Everywhere in the World?

CBD is legal in some form in most places across the world. Some countries allow full-spectrum CBD extracts, whereas others only tolerate pure CBD.

There are, however, some places where CBD is still prohibited regardless of the source.

CBD has been banned from the majority of African countries. It is also illegal in Belgium, Russia, and Slovakia. Although China produces CBD products, they are exported to other countries; it is not legal to use, purchase, or sell CBD in the country

Summarizing the Legal Status of CBD

To sum up, CBD is federally legal in the United States as long as it comes from hemp and contains no more than 0.3%. Marijuana-derived CBD can be legally purchased in states that have legalized marijuana.

CBD became legal in 2018 under the provisions of the Agricultural Improvement Act of 2018 signed by President Trump. Farmers can grow and sell hemp plants for any purpose, including botanical extracts containing CBD.

However, due to the current classification of CBD, the market lacks regulations regarding production and labeling, creating opportunities for fly-by-night vendors to churn out poor-quality products and label them as premium CBD.

The best way to ensure you’re getting a legal CBD product is to read third-party lab reports. Doing so will help you weed out products with illegal amounts of THC. A certificate of analysis from the laboratory will tell you exactly how much CBD is in your product, and whether or not it has passed the purity testing.

We hope this article has helped you understand the legal intricacies surrounding the status of CBD in the United States. If you like our content, share it on your social media — because sharing is caring!

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