While the 2018 Farm Bill technically made CBD legal under federal law, many states have continued to push their own laws, citing crucial distinctions and parameters. Still, CBD continues to only grow in popularity with stats citing that an estimated 64 million Americans have tried CBD in the last 24 months.
At A Glance
- CBD is legal at the federal level due to the 2018 Farm Bill
- This bill clarified that hemp-derived products containing less than 0.3% THC were considered legal under the federal government
- But laws vary between each state with many still specifying CBD to be conditionally legal, not fully legal
- Several states require cannabis users to possess a medical license in order to legally purchase, possess, or use CBD products that exceed 0.3% THC
- Other states clarify that only CBD derived from hemp is legal, not CBD that is derived from cannabis
- CBD products are not approved by the FDA but the World Health Organization has cited CBD to be generally well-tolerated by all users
- CBD is not identified under the Controlled Substances Act although cannabis is a Schedule I drug
So, where do these distinctions and parameters lie and how much will those regulations hold out the growing popularity of this non-psychoactive compound? With CBD becoming more and more prevalent as we speak, it's important to remain abreast of the laws regarding its legal status.
Below, we'll go through everything you need to know about CBD, including its distinctions from hemp and marijuana, where it's fully legal, and where it's conditionally legal in the U.S. So keep reading to find out everything you can on this versatile compound!
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What Is CBD?
CBD, or cannabidiol, is a non-psychoactive component found in the cannabis plant and hemp plant. While different from THC, the compound known for its psychoactive properties, the legality of CBD remains settled in a grey area considering the fact that CBD products contain CBD derived from the Cannabis Sativa plant.
The Cannabis Sativa plant technically houses both hemp plants and cannabis. But more on that distinction later.
All you need to know for now is that major strides have been made as far as CBD legality goes, even within the past couple of years alone. So let's take a closer look at the 2018 Farm Bill that gave CBD its federal legal status today.
The 2018 Farm Bill
Under the passing of the 2018 Farm Bill, CBD products became legalized on the federal level, so long as the hemp-derived products are sourced from hemp or cannabis plants containing less than 0.3% THC.
These include Full-Spectrum and Broad-Spectrum CBD products alike. From the cultivation to the production to the sale of industrial hemp, the Farm Bill made it possible for brands like ours to sell CBD products legally at the federal level.
But just because the federal government recognizes the legality of CBD products doesn't mean that all state laws in the U.S. do. In fact, remaining abreast of both state laws and federal laws alike will allow you to navigate your hemp products with the most peace of mind.
Hemp vs. Marijuana
Before we get into each state's laws in relation to federal law on any given CBD product, let's break down a little misconception about hemp vs. marijuana. While 60% of Americans consider them the be the same thing, they're actually quite different.
The marijuana plant and the hemp plant are both derived from Cannabis Sativa. But hemp products tend to contain only trace levels of THC while marijuana contains higher THC levels.
In fact, for a plant to be classified as hemp, it must contain less than 0.3% THC. Otherwise, it is considered marijuana.
This distinction will be important to remember once we get into each state's CBD laws, especially when it comes to marijuana laws for both medical and recreational marijuana.
States With Total CBD Legalization
Below are all U.S. states that have fully legalized CBD products. This means that CBD possession, use, and sale have all been legalized in the following states:
- District of Columbia
- New Jersey
- New York
- South Dakota
The list of states above has been updated to reflect the legality of any given CBD product in 2023. That being said, when purchasing CBD, always make sure to brush up on state laws to ensure you're in the know.
States With Conditional CBD Legality
The following states have identified CBD as legal but with certain specifications. Most of these specifications have to do with CBD for medicinal purposes, but some even specify the harvesting of CBD from hemp plants alone.
Hemp-Derived CBD Only
Hemp-derived CBD is specified in relation to marijuana-derived CBD. The following states have made only hemp-derived products legal:
Medical Cannabis License Required
The following states require that users and purchasers carry a medical license with them in order to sanctify their CBD possession as legal:
- New Hampshire
- New Mexico
- North Carolina
- North Dakota
- West Virginia
THC Content Exceptions For Medical Marijuana
The following states have specified that CBD products may legally exceed 0.3% THC so long as they are purposed for medical use.
- Rhode Island
- South Carolina
The following states have specified that all varieties of hemp-derived CBD products are legal so long as there is no traceable THC content:
- Kansas (except for medical CBD oil)
- Indiana (less than 0.3% THC)
FAQs About The Legal Status Of CBD
Is CBD FDA-Approved?
While many believe the FDA is in charge of policing CBD products, this isn't necessarily true. In fact, there is only one FDA-approved CBD-based drug known as Epidolex which was developed specifically for patients with epilepsy.
For the most part, you will find that CBD products across the CBD industry are not approved by the FDA. That being said, the World Health Organization has reported CBD to be well-tolerated by most individuals, citing no evidence that the recreational use of CBD may be connected to any health problems.
Is CBD A Controlled Substance?
CBD itself is not identified under the Controlled Substances Act. But this becomes confusing considering the different legal specifications based on which plant CBD was derived from.
Cannabis is considered a Schedule I substance and is illegal. But hemp sources containing less than 0.3% THC in dry weight are not illegal since hemp is not identified under the Controlled Substances Act.
In short, where CBD gets derived from plays a crucial factor in navigating its overall legality. But CBD itself, as a compound, is not considered a controlled substance.
The Bottom Line
The legality of CBD is complex. But understanding where and which types of CBD products are legal or not will ultimately help you enjoy a more pleasurable CBD experience.
At Clean Remedies, we have made it our mission to help customers enjoy CBD products that remain legal under federal law while complying with state laws accordingly. Crafting our CBD products solely from USDA Certified Organic Hemp-Based CBD, we acknowledge the variety of CBD laws that exist within the U.S.
And to ensure the safety and efficacy of our CBD products, each batch we craft is third-party lab tested to ensure they remain in both Farm Bill compliant as well as compliant with all CBD laws across the nation.
Keep Reading: Why Does The Human Body Have Cannabinoid Receptors?
Clean Remedies is a woman-owned, independent family business that uses USDA Certified Organic 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.