Is CBD Legal? Legality, Drug Testing, & More

If you want to enjoy the many potential benefits of CBD, it's important to get it the right way. We break down the legal landscape surrounding CBD and give some pointers on how to spot high-quality, legal CBD products.

Key Takeaways

• Hemp-derived CBD was legalized by the 2018 Farm Bill.
• Hemp must not contain more than 0.3% THC to be federally legal.
• Some states apply additional restrictions and regulations on CBD products, including their THC content.

See More: The Best CBD Products for 2026 and Beyond

Is CBD Legal?

Meredith Farrow, founder of Clean Remedies, says:

"CBD is federally legal. However, CBD's legal status varies around the world and across the country, so it's important to double-check your local laws before buying."

Over the last decade, CBD's popularity has skyrocketed. Six in every 10 American adults have tried a CBD product at least once and believe they offer benefits.¹

If you want to try CBD to see for yourself, the first question that often comes to mind is its legal status.

The short answer is that CBD is legal under federal law in the U.S. However, CBD's legality varies between countries and states.

We'll break down the laws around CBD, explain why CBD products may cause a positive drug test, and help you find the best CBD products on the market.

What Is CBD?

CBD, or cannabidiol, is a natural compound produced by the Cannabis sativa plant, more commonly known as the cannabis plant, and the hemp plant. It's one of more than 100 cannabinoid molecules produced by cannabis and hemp plants.

CBD is a non-intoxicating cannabinoid with no psychoactive effects. Unlike THC, which is the key psychoactive compound in cannabis, CBD won't get you high.

Manufacturers extract CBD from hemp plants, particularly hemp flower. That hemp extract is used to make all kinds of CBD products, including CBD oil, edibles, and even pet products.

Is CBD Safe?

Research suggests that CBD is generally safe and well-tolerated by most healthy adults.

However, that doesn't necessarily mean that all CBD products are safe. Most CBD products aren't FDA-regulated. (The only FDA-approved CBD product is for seizures in children.)

Studies have found that many CBD products contain different levels of CBD or other cannabinoids compared to their label. Many products have been found to contain toxic substances, like heavy metals, harmful chemicals, or pesticides.

That's why it's so important to look for evidence of third-party lab testing. All of Clean Remedies' CBD products are third-party lab-tested for potency and purity. You can check the results by looking at the certificate of analysis included with each product.

CBD can also interact with certain medications. If you're unsure, check with a healthcare provider before taking it.

What Are the Potential Health Benefits of CBD?

People take CBD for all kinds of reasons.

The most common reasons people give for using CBD include stress, mood, sleep, and pain.

This extensive anecdotal evidence is backed by some promising studies. For example, in one study, 79.2% of participants reported lower anxiety scores within the first month of taking CBD.²

Some studies also suggest CBD may help with pain, including joint pain and neuropathic pain. Research suggests CBD may have anti-inflammatory and neuroprotective properties.

Bonus: Your Guide to Cannabis Cannabinoids and Terpenes

What Is CBD's Legal Status Under Federal Law?

With all these potential benefits, it's not hard to see why CBD has become so popular. But is it legal?

Under U.S. federal law, CBD is legal.

The 2018 Agriculture Improvement Act, also called the Farm Bill, legalized hemp, removing it from the Controlled Substances Act. Under the law, hemp must not contain more than 0.3% THC. That's the legal limit.

What Are Hemp-Derived Cannabinoids?

In turn, the 2018 Farm Bill legalized hemp-derived cannabinoids like CBD. Of course, that CBD must be derived from legal hemp, which means hemp with 0.3% THC by dry weight or less.

CBD derived from marijuana is classified as a controlled substance and remains illegal under federal law, though state laws vary. Marijuana or cannabis in this sense refers to plants with more than 0.3% THC by dry weight.

How Do State Laws on CBD Vary?

Most states treat CBD the same as or similarly to the federal government. However, local and state laws on CBD do vary.

Some states require specific conditions for selling CBD. Other states restrict it altogether.

By one count, there are 15 states that apply at least some conditions or restrictions on CBD.

These restrictions are often based on how much THC is in CBD products. For example, Idaho prohibits CBD products with any THC at all.³

There are other regulations, too. California requires specific licenses and applies regulations to the manufacture of hemp products.⁴

In short, CBD products that may be legal at the federal level might not be legal in specific states.

The CBD market is relatively young, and the legal landscape changes often. Make sure to check your local laws before buying CBD.

Are There Age Restrictions for CBD?

Under federal law, there isn't necessarily a minimum age for CBD products. 

Regulations vary from state to state, and even store to store. Many states require people to be at least 18 or 21 before buying (or manufacturing) CBD products. That's especially true for CBD products that contain THC.

Can I Travel With CBD?

CBD's legality varies around the world, too.

Different regulatory bodies often differentiate between CBD products based on their intended use. Regulations for CBD food and beverage products may be different from those for, say, cosmetics or topicals.

In some countries, like Colombia and Uruguay, CBD is legal both medically and commercially.⁵

Many EU countries allow hemp-derived CBD products with THC contents below 0.3% or 0.2%. In the EU, CBD food products have specific safety regulations.

CBD is legal in Canada, but is treated as a cannabis product and regulated under the country's Cannabis Act.⁶

However, many countries still strictly restrict CBD. Some impose harsh penalties on individuals who violate their CBD rules.

As such, if you're going to travel, it's important to check the laws where you're going before bringing your favorite CBD products with you. Legal products in the U.S. might not be legal somewhere else.

Will CBD Products Cause a Positive Drug Test?

Legal hemp products can cause a positive drug test.

As we mentioned, hemp-derived products can contain up to 0.3% THC on a dry weight basis. That amount of THC shouldn't get you high. But it can cause a positive drug test result.

If that's an issue, you can get broad-spectrum CBD products. These contain a broad range of natural compounds produced by hemp plants, including cannabinoids and terpenes. But the THC is removed.

You could also get CBD isolate. It's 99%+ pure CBD, with everything else removed.

Some people prefer having a little THC in their CBD products, though. Why? Well, it's partially because the presence of THC is believed to make CBD more effective, in a phenomenon called the entourage effect.

Where Can I Get CBD Products?

Today, many CBD products are sold online. The internet is one of the best ways to get high-quality, legal CBD products.

Remember, make sure to check for evidence of third-party testing. You want to be sure you're getting the right cannabinoid content and nothing else you might not expect.

CBD products come in all kinds of different forms.

One of the most popular ways to take CBD is CBD oil. You can get full-spectrum blends, broad-spectrum oils for a zero-THC option, and even specialty oils that balance CBD with other cannabinoids like CBG.

Edibles, like CBD gummies, are another popular way to take CBD. They come pre-portioned, taste delicious, and some even contain extra ingredients to further support or enhance the desired effect.

For example, Clean Remedies' Energy & Focus CBD gummies also contain caffeine, vitamin B-12, and L-Theanine. Our Sleep & Soothe gummies also contain GABA, L-Theanine, and CBN - and no melatonin. And our CBG & CBD gummies contain, well, CBG and CBD, for a ritual of balance to bring clarity and calm in equal measure.

Conclusion

CBD that is derived from hemp is considered legal under federal law. Local and state laws may vary, though.

Frequently Asked Questions

Is CBD Legal In All 50 States?

Hemp-derived CBD is legal under federal law. As of 2026, all 50 states generally allow some form of hemp-derived CBD to be sold, though specific restrictions and regulations vary.

Will I Fail a Drug Test If I Use CBD?

It's possible to fail a drug test from using CBD products. Many full-spectrum CBD products contain trace amounts of THC, which aren't enough to get you high but can cause you to fail a THC drug test.

Is CBD Going to Be Federally Illegal?

We can't see the future, but as of 2026, CBD is federally legal, and there do not seem to be any serious plans to change that. The federal government is planning on closing a gray area or loophole in the law, which effectively permits hemp-derived THC products.

Keep Reading: The Benefits of CBD for Pain, Sleep, and Stress

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Sources

1. CBD Statistics, Data And Use In – Forbes Health
2. Cannabidiol in Anxiety and Sleep: A Large Case Series | The Permanente Journal
3. Cannabidiol (CBD) | Idaho Office of Drug Policy
4. Assembly Bill 8 Frequently Asked Questions
5. Where Is CBD Legal? Hemp Laws by Country & Continent 2026
6. Cannabidiol (CBD), and industrial hemp - Canada.ca

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Clean Remedies is a woman-owned, independent family business that uses clean and natural hemp extract to create products that are free from harmful chemicals, cruelty-free, and made in the USA, meant to benefit your well-being and meet our own high standards of efficacy. For CBD facts, product discounts, and more, follow us on Instagram, Facebook, YouTube, LinkedIn, and Pinterest.