Is CBD Legal in all 50 states
CBD is a well-known term in the medical industry. This is due to the 2018 Farm Bill that made hemp legal everywhere in the U.S. As a result of this, hemp-derived cannabidiol also become legal in the U.S. However, still, when it comes to cannabidiol, the legality may be quite confusing for all. As a result, a question may arise on everyone’s mind – Is CBD legal in all 50 states?
Considering this, here in this blog, we’re showcasing what we got to know about the legality of CBD all over the U.S.
Marijuana-derived CBD vs. Hemp-derived CBD
|Marijuana-Extracted CBD||Hemp-Extracted CBD|
|1. It contains a high concentration of THC.||1. It contains less than 0.3% THC content.|
|2. Federally illegal||2. Federally legal.|
|3. Intoxicating||3. Non-intoxicating|
|4. Easily accessible||4. Available only in authorized recreational or medical marijuana dispensaries|
Next, let’s move on to the Farm Bill of 2018. This can give you a clear idea regarding the cultivation of hemp and the usage of hemp products.
Farm Bill or Agricultural Act of 2018
As per the Farm Bill of the year 2018, hemp cultivation, production, possession, and consumption are legal federally. This condition applies to hemp derivatives as well.
Though this is the fact, when it comes to hemp-extracted CBD, the law may vary for some states. This is for the reason that cannabidiol can come from marijuana as well. It means, despite the federal law, state law can put a ban on cannabidiol and derivatives if needed.
Now, after reading till here, you may want to know – is CBD legal in your state or not?
Right? If yes, then read our next subtopic. It includes the legitimacy of cannabidiol in every U.S. state.
Find out Where CBD is Legal?
In this, first, we’re showcasing the states where cannabidiol is legitimate to use.
List of States Where Cannabidiol is Legal
Here are the states where CBD is legal irrespective of its origin. This means both hemp and marijuana-derived cannabidiol is legal.
- Washington DC
In these states, hemp and marijuana cannabidiol are easily accessible. Moreover, people who are 18+ can buy cannabis and cannabidiol hemp oil legally here. They can use it for recreational, as well as medical purposes.
List of States Where You Can Buy Cannabidiol Oil without MMJ Card
Here are the states from where you can buy CBD oil without a medical marijuana card.
- North Dakota
- West Virginia
- New Hampshire
- New Jersey
- New Mexico
- New York
- Rhode Island
If you live in any of the above U.S. states, you can buy this product in local outlets, as well as online.
List of States Where Cannabidiol is Legal under Some Criteria
According to Leni’s Law that came into effect on May 4 in the year 2016, cannabidiol is legal. However, it’s legal only for a debilitating health problem, which can lead to seizures.
If you reside in Georgia, then you need a prescription to buy cannabidiol oil. Moreover, you can use CBD oil only for degenerative, as well as debilitating diseases. These diseases include Parkinson’s, cancer, multiple sclerosis, seizure, and a lot more.
This state doesn’t have the most liberal law for cannabidiol. In May 2018, under SB 282, you can sell and use CBD in Kansas, but it should not contain THC strains.
Apart from this, recently, in the year 2019, HB 2244 was signed into law. According to this, using CBD with 5% THC content for a debilitating health problem is legal.
In Mississippi, CBD products with over 15% CBD content and less than 0.5% THC content is legal. This condition came into effect in 2014 under HB 1231. The bill also states that CBD should be tested by the National Center for Natural Products Research at the University of Mississippi. Not only this, but the bill also states that the distribution of CBD must be from the Department of Pharmacy Services at the University of Mississippi Medical Center.
However, to use cannabidiol in Iowa, the patients need a written statement from a health care practitioner stating that the patient is suffering from a debilitating health problem.
Moreover, people who want to use CBD in Iowa should have a medical cannabidiol registration card.
Oklahoma legalized hemp-extracted CBD in May 2019 by signing SB 238 into the law. As per this bill, an individual can sell industrial hemp and its products without any license. However, the cultivation of hemp in the products should be in Oklahoma. You can use the hemp cultivated in any other state as well, but only the one which is legally cultivated.
In the state of Oklahoma, marijuana-extracted CBD got approval in 2015 for treating severe epilepsy forms in children. After this, the bill was modified in the year 2017. According to the updated bill, adults having epilepsy can use marijuana cannabidiol. The bill also legalized the use of marijuana CBD for spasticity associated with paraplegia or multiple sclerosis.
Furthermore, in the year 2018, medical marijuana laws passed in Oklahoma. According to this law, marijuana CBD should be accessible to people at authorized dispensaries statewide.
In Kentucky, cannabidiol is legal as per the SB 124. According to this law, you can transfer, distribute, or consume CBD with a written statement from a physician working at a hospital or clinic affiliated with the State Public University having a school or college of medicine.
- NORTH CAROLINA
Here in this state, you can use CBD oil if it is from the extracts of hemp with not more than 0.3% THC. However, according to the FDA, in North Carolina, you cannot add CBD to beverages, supplements, or food.
In 2019 October, the officials of NC came into an agreement on cannabidiol flower. According to this agreement, from the beginning of June 2020, cannabidiol flower is ban in NC. This flower is also famous as a smokable hemp.
It’s a fact that the production of hemp products, including CBD oil, is legal under SB 315. However, the law state that hemp products should be free from the smokable hemp.
In this state, patients of seizure disorders can use cannabidiol legally from the year 2014. After that, in 2017, the law replaced the seizure disorders with medicinal conditions by signing SB 10. Though this is the situation, no provisions are there legalizing the distribution or production of CBD products.
However, still, you can find cannabidiol widely accessible in various local outlets all over the state.
In Virginia, food safety rules prohibit the use of dietary supplements or food with CBD content. This condition applies to hemp-derived cannabidiol as well.
In the year 2018, hemp products with <0.3% THC content became legal under the HB 1839. This bill was signed based on the Farm Bill of 2018.
- SOUTH CAROLINA
In the state of South Carolina, you need a prescription from the doctor to use CBD. Moreover, the prescription should state that the patient is suffering from Dravet syndrome or Lennox-Gastaut syndrome. These two syndromes are the severe conditions of childhood epilepsy.
Additionally, in this state, people can use CBD oil, but it must contain below 0.9% THC strains and more than 15% CBD strains.
As per the HB 2144, individuals of Tennesse can use cannabidiol with less the 0.9% THC. However, for this, they need a prescription from the Tennessee physician.
List of State Where CBD is Illegal
Idaho, South Dakota, and Nebraska are the three states where cannabidiol is technically illegal.
Let’s have a detailed look into these three states.
- SOUTH DAKOTA
In all the 50 U.S. states, South Dakota is one that have the strictest cannabidiol laws. Though the hemp and hemp-sourced products are federally legal, it remains illegal in South Dakota.
In March 2019, the South Dakota clarified their law of cannabidiol in a press release. They stated that “Under the law of South Dakota, industrial hemp and all forms of CBD are illegal.”
While discussing cannabidiol laws, Idaho tends to be a complicated state.
As per the state law of Idaho, CBD coming from five identified parts of the cannabis plant is legal. Along with this, it must be free from the strains of THC.
The five identified cannabis plant parts are:
- Fiber coming from the stalks
- Mature stalks
- Cake or oil made using the achene or seeds of the cannabis plant
- Sterilized seeds of the cannabis plant
- The compound, derivative of salt, and the mixture of mature stalks
Though this is the condition in Idaho, children who have intractable epilepsy can use Epidiolex (a CBD-based drug). It’s because this drug is FDA approved.
In Nebraska, cannabidiol is technically illegal. Though in Nebraska, cannabidiol doesn’t come under the controlled substance, CBD oil is still illegal as per the state law.
As of now, hemp-cannabidiol is federally legal. However, the law varies for some states.
We hope that from this article, you may got a clear idea regarding the legality of CBD in all the 50 U.S. states.
If you need any further clarification regarding this blog, reach us.
** The statements given in this are not from any medical expert. These are strictly based on our researches. The product is not for diagnosing, curing, treating, or preventing any health ailments. Before ingesting it, consulting a doctor would be an excellent decision. **
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