Is CBD Legal In All States?
It’s no secret that cannabis laws in the United States range vastly from state to state. But with the passage of the 2018 Farm Bill, CBD falls under an entirely different set of laws. However, there are very specific rules that CBD producers must follow in accordance with the Farm Bill. For people wondering, is CBD legal in all states? The answer is yes…with some caveats.
Hemp-derived CBD is legal in all 50 states…mostly
Here we go again with the confusing laws. That’s the current CBD industry, for you. Yes, CBD is legal, so long as it follows the guidelines set by the FDA.
For legal, compliant CBD, it must be derived from hemp. While CBD can be derived from the hemp plant or the cannabis plant, only hemp-derived CBD is legal across the United States. Cannabis-derived CBD exists, but can only be sold in legal dispensaries.
Additionally, the hemp-derived CBD may not contain more than 0.3% THC. If it exceeds this number, it is no longer considered legal.
There are also strict rules about the way CBD is marketed. Products cannot make unsubstantiated medical claims about treating or curing conditions. Manufacturers cannot add CBD to food or drinks currently, either.
Put simply: Hemp-derived CBD with less than 0.3% THC that meets all regulations is legal across the United States.
But of course, the world of CBD is not as simple as that. Sure, the Farm Bill changed the classification of CBD, but that doesn’t mean it is freely legal in all states. It is no longer classified as cannabis, a Schedule 1 drug, and is considered an agricultural commodity.
And while it is legal across the US, certain states have set their own laws that make it more difficult to obtain or qualify for.
The varying CBD laws
Is CBD legal in all states? If the legality is getting blurrier as we continue, don’t worry. You’re not alone in the confusion.
State CBD laws tend to fall into one of these four categories:
- CBD sales are fully legal
- CBD sales are prohibited
- CBD sales are allowed with proper labeling
- Somewhere in the gray area
States with fully-legal CBD
As of 2020, 15 states allowed CBD sales fully, provided the CBD was produced following governmental guidelines.
These states include:
- New Jersey
- North Dakota
States with banned CBD
There are also some states that have strict anti-CBD laws as of 2020. These include:
- South Dakota
However, if you look deeper you will notice that CBD isn’t 100% banned in all of these states. For example, in Idaho you can have CBD if it has zero THC and is derived from very specific parts of the plant. If a product has any traces of THC or was not derived from the correct part of the hemp plant, it is considered marijuana and counts as a Schedule 1 controlled substance.
CBD is not 100% banned in Iowa, either. This state’s laws deem users must have a medical marijuana card to obtain CBD. If you are not enrolled in a medical marijuana program, you cannot visit a dispensary to purchase CBD.
States that allow properly labeled CBD
As of 2020, the following states permit CBD so long as it is properly labeled in accordance with state regulations.
- California (pending bill)
- Hawaii (pending bill)
- New Mexico
- New York (pending implementation)
- Texas (pending implementation)
- West Virginia
Other states not listed fall more into the gray area where there are no explicit laws deeming CBD legal or illegal.
Many people think the answer to “Is CBD legal in all 50 states?” is a simple yes. But we know it’s not as simple as that. We can say it is technically legal when following the US Farm Bill, but certain states have more strict laws than others.
Whether or not CBD laws are enforced is a whole other story. It can be confusing to recognize that the FDA doesn’t regulate CBD like other products, yet the FDA will penalize companies for mislabeling products or using unsubstantiated claims. But if you’ve spent any time looking at the plethora of CBD products out there, you may know that they don’t catch all of the people breaking the rules.
Additionally, people in states with strict CBD laws have found ways around the rules. Buying CBD online is a popular way around the issue, although some retailers will not ship to states with blurry CBD legality.
Hemp vs. marijuana-derived
We noted this before but find it important enough to point out a second time. Only CBD derived from hemp is legal under the US Farm Bill. CBD can be obtained from low-THC hemp plants or high-THC marijuana plants, so it is important to know this distinction.
If you want CBD derived from marijuana for medical purposes, you will need to be in a state with medical or legal cannabis programs.
Final thoughts about “Is CBD legal in all states”
As you can tell, CBD laws are pretty blurry across the country. Even worse is that CBD is not regulated by any force to ensure purity and potency. It’s up to consumers to read the COA and determine its validity.
Most people have no trouble accessing CBD in this day and age. And while that can be convenient, it also means there are lots of low-quality products available on the market.
Consumers must remain vigilant and seek products tested by ISO-accredited laboratories to ensure CBD purity. This is especially important in states with strict CBD laws that require no THC at all.
The Premium CBD database makes it easy to get all the CBD products you need in one spot. We have already vetted every product on our site for purity and potency so you can carry on with your life without spending hours researching CBD.
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