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Published September 18th, 2020 by Jeev Trika

Is CBD Legal In Your State?

CBD oil online

It seems everyone is buying and consuming CBD oil products. Just look at the number of CBD companies popping up. And have you seen all the different CBD products being advertised? 

It’s easy to think that CBD is just another trendy “superfood” supplement that will fade in just a few short years. But in the last decade the demand for CBD products has been on the rise. So it’s safe to say that CBD isn’t going anywhere, anytime soon. 

After all, multiple studies show that it’s not only a therapeutic medicinal compound, but it’s an incredibly potent anti-inflammatory as well. And we all know that inflammation is perhaps the main contributor of most diseases and other unwanted health problems. 

So anytime a natural, less invasive anti-inflammatory molecule becomes available for human consumption, it’s crazy not to jump on it. Right? 

But there’s a reason why some people have been on the fence about purchasing and consuming CBD products: Legality! 

Maybe that’s what's keeping you from trying it as well.

Luckily, we’re here to help shed some light on this highly confusing topic, and hopefully by the end of this article you’ll have a better understanding on whether or not you can legally purchase CBD. 

Let’s begin…


What is the legal status of CBD? 

Is CBD legal

If we had a nickel for every time we heard that question… But there’s a reason people keep asking this. You see, from a legal standpoint, the government has made it incredibly complicated for the cannabis industry. 

Now you might be thinking, “No, I’m not asking about cannabis, I’m asking about hemp CBD.”

We know, but before we can really explain CBD’s legal status, it’s important that you know the difference between Hemp and Marijuana.

Here’s the thing: hemp and marijuana belong to the same genus of flowering plants, otherwise known as the family of Cannabaceae. And within this family, there are three species: 

  • Cannabis Ruderalis 
  • Cannabis Indica 
  • Cannabis Sativa 

As it turns out, hemp and marijuana are both considered Cannabis sativa. The main difference between the two is that hemp primarily contains only 0.3% or less of THC, the cannabinoid known for getting its users high… and marijuana contains much more than 0.3% THC by dry weight. 

On the other hand, CBD, the cannabinoid studied for it’s powerful anti-inflammatory properties and free of any psychoactive effects, appears in much higher volume in hemp than in marijuana. 

But since the CBD industry has taken off, cultivators have found a way to breed marijuana strains that have a higher content of CBD.  And because of this, more and more marijuana-derived CBD products are beginning to surface. 

This is where legality issues come into play. 


Stigma of cannabis

CBD history

Since the 1930’s, the cannabis plant, which we now know includes both hemp and marijuana, has been misunderstood… and we get it. Marijuana, which we know contains an abundance of THC, isn’t something that many people want to be associated with—regardless if it contains therapeutic value or not.

But here’s the thing: by criminalizing marijuana, hemp—which contains an abundance of CBD—unfortunately was dragged down as well. 

And since the 1970s, not only has hemp been stigmatized as a dangerous, addictive substance, it was also outlawed. This is partly because hemp and marijuana look almost identical. 

Not to mention CBD and THC have very similar chemical structures:

  • 21 carbon atoms
  • 30 hydrogen atoms 
  • 2 oxygen atoms 

The difference in their chemical structures is based on how these atoms are arranged. So you can see how these two plants and molecules can be mistaken for each other. Still, it’s our opinion that outlawing this therapeutic family of flowering plants is absurd. Nevertheless, that’s what happened.  

Now, let’s fastword a few decades…


Legalizing CBD oil

CBD legal status

Thankfully, in 2018, the Farm Bill gave the hemp industry an incredible boost by legalizing its provisions of cultivation, transportation, and manufacturing. 

In fact, this is how the Farm Bill defines hemp: 

“The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

So as long as hemp contains no more than  0.3% THC, hemp-derived products are federally legal. There’s just one little issue… 

In legalizing industrial hemp, the 2018 Farm Bill also opened the door for individual states to choose how they would like to move forward regarding all things hemp.

This means that while CBD is no longer considered a controlled substance and is in fact legal on a federal level, individual states have a say on whether or not they want their state citizens to have the legal right to purchase, sell, or consume hemp-derived CBD. 

Seems a bit controlling, right? 

We think so too, but are states really restricting hemp-derived products? 


State laws and hemp

CBD online

Unfortunately, there are a few states that have taken advantage of their right to restrict hemp and CBD:

  • Idaho 
  • Nebraska 
  • South Dakota

As far as these states are considered, the legality of CBD oil products are still unsettled. 

But that’s not all…

Even if you live in a state that welcomes hemp-derived CBD products, there are guidelines you have to consider, and of course each state’s laws vary regarding all things cannabis. For example, some states may require your intent for CBD use, while others may only focus on where your CBD is sourced. And the list goes on...

Now, if you live in one of the eleven states that have legalized recreational marijuana, then there are much fewer restrictions regarding hemp-derived products. But don’t let those recreational marijuana states influence you to pack your bags and put your home up for sale just yet… 

While your state may have restrictions regarding hemp-derived CBD, it’s important that you know CBD is in fact federally legal across all 50 states. 

So how do you know where your state stands with hemp-derived CBD products? 


CBD laws by state

CBD farm bill

Alabama - CBD state law

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Alaska - CBD state law

Arizona - CBD state law

Arkansas - CBD state law

California - CBD state law

Colorado - CBD state law 

Connecticut - CBD state law

Delaware - CBD state law 

Florida - CBD state law 

Georgia - CBD state law

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Hawaii - CBD state law

Idaho - CBD state law

Illinois - CBD state law

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Legal for recreational use

Indiana - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Iowa - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Kansas - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Kentucky - CBD state law

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Louisiana - CBD state law 

Maine - CBD state law 

Maryland - CBD state law 

Massachusetts - CBD state law 

Michigan - CBD state law 

Minnesota - CBD state law 

Mississippi - CBD state law

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Missouri - CBD state law 

Montana - CBD state law 

Nebraska - CBD state law

  • Hemp-derived CBD - Illegal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Nevada - CBD state law 

New Hampshire - CBD state law

New Jersey - CBD state law 

New Mexico - CBD state law 

New York - CBD state law

North Carolina - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

North Dakota - CBD state law 

Ohio - CBD state law 

Oklahoma - CBD state law 

Oregon - CBD state law

Pennsylvania - CBD state law 

Rhode Island - CBD state law 

South Carolina - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

South Dakota - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Tennessee - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Texas - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Illegal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Utah - CBD state law

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Vermont - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Legal for recreational use

Virginia - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Washington - CBD state law 

Washington, D.C. - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Legal for recreational use

West Virginia - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Wisconsin - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Wyoming - CBD state law 

  • Hemp-derived CBD - Legal 
  • Marijuana-derived CBD - Legal only for medical use 
  • Marijuana-derived CBD - Illegal for recreational use

Conclusion

If you happen to live in a state that does in fact restrict the production of hemp-derived CBD, you’re right to feel a little bit annoyed. But the good news is that the hemp and CBD industry has come a long way. So it’s only a matter of time before all states legalize the production of hemp-derived CBD, or marijuana-derived CBD for that matter. 

So maybe you can’t buy a CBD oil tincture or a delicious bar of CBD chocolate at a local CBD store, but you can purchase hemp-derived CBD products online. Just be sure you purchase high-quality CBD products from reputable CBD companies. And make sure that company will ship to your state. 
 

 
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