“Is CBD legal in all states?” This is one of the biggest questions people encounter with CBD. It’s no secret that the status of CBD has changed quite a bit over the years — not only with CBD’s legal status, but with all the innovative CBD products coming out. Needless to say, keeping up with all of these changes presents a challenge in itself.
Still, you want to shop with complete confidence, knowing that you should have no issues legally ordering CBD products and getting those CBD products delivered to your doorstep. We’re here to take a deep dive into the subject and address the legality of CBD for each and every state. Let’s start with some CBD background information so we’re all on the same page.
Disclaimer: We are not lawyers or legal advisors; however, we strive to provide the most accurate information based on our independent research from credible state-run websites and resources. None of the information you’re about to receive should be interpreted as legal advice.
A Little CBD History
Believe it or not, the use of CBD dates back to ancient times. CBD was used in China all the way back in 6000 BCE. Hemp stayed around over the centuries and was utilized in different cultures, but the use of hemp — and by extension, CBD — was hampered a great deal in the past century by a variety of legislation.
At one time, the law actually required farmers to grow hemp, but the Marijuana Tax Act of 1937 ultimately criminalized hemp, lumping it in with marijuana as a controlled substance. Although cannabis hemp doesn’t produce the same effects as cannabis marijuana (hemp contains less than 0.3% THC, while marijuana can contain upwards of 30% THC), hemp and CBD became guilty by association.
If you fast forward to 1970, you’ll see that hemp took another unjustified hit when it became entangled in the Controlled Substance Act. This measure classified hemp as a schedule 1 narcotic, even though the CBD molecule has no mind-altering or psychoactive effects.
Hemp lovers began to see the light at the tunnel with the 2014 Farm Bill, giving hemp some legality once again. Agricultural researchers and higher learning institutions got the green light to grow hemp to conduct research, as long as the hemp-derived CBD oil contained less than 0.3% THC. Things gained momentum from this point and gave birth to the Farm Bill of 2018, which legalized the cultivation, production and sale of hemp in nearly every state.
What Is CBD?
CBD is also known as cannabidiol. It’s one of the non-psychoactive cannabinoids found in the hemp plant. By definition, hemp contains less than 0.3% THC.
There are plenty of ways to add CBD to your wellness routine, and many swear by the calming effects it provides.** When shopping for hemp-derived CBD products, you’ll notice three different options: full spectrum, broad spectrum, and CBD isolate.
One of the main differences between these options comes down to the number of extraction processes used to derive the hemp plant’s oil. When hemp plants reach full maturation and they’re ready for harvest, the hemp plants undergo an extraction process to separate the plant material from the natural oils (CBD oil).
There are a few different extraction methods, but the CO2 extraction process reigns supreme, because it produces the purest oil, free of chemical residues. Full spectrum CBD products have less than 0.3% THC. So, in order to remove these trace amounts, the oil must go through an additional extraction process which strips away traces of THC, leaving behind undetectable levels of THC. The resulting CBD oil is called broad spectrum CBD oil.
The only possible downside associated with this, from a consumer perspective, is that the Entourage Effect from broad spectrum CBD isn’t as pronounced as it is with full spectrum CBD, since the removal of THC also takes with it a few other minor cannabinoids and terpenes.
CBD isolate is 99% pure CBD oil. Some people love knowing they’re getting straight cannabidiol — nothing more, nothing less.
The result of all of this cultivation and production is a variety of CBD products, including CBD Gummies, CBD Tinctures, and CBD Topicals.
So, once you’re up to speed on what CBD is and you’re ready to purchase one of these great hemp-derived wellness products, what’s the next step before you fill your cyber cart and place your order?
You do a little research to confirm the legal status of hemp-derived CBD in your state; however, you should always keep in mind that the status of CBD is ever-evolving and changing as it becomes more accepted and mainstream over time. So, even as you read a definitive article like this one, laying out the legalities of hemp and CBD, you should still double-check your local laws to make sure you’re good to go.
CBD vs. Marijuana
In an effort to cover all the bases, it’s only right to discuss the differences between CBD (hemp) and marijuana. They’re similar, but still different types of cannabis plants that come from the cannabaceae family. But even though cannabis hemp and cannabis marijuana are related, they are not the same thing.
Hemp and marijuana both contain cannabinol, also known as CBD. This is one of the non-psychoactive cannabinoid compounds people use for therapeutic purposes.** However, hemp and marijuana have very different chemical composition when it comes to the other major cannabinoid, THC.
Hemp (and by extension, hemp-derived CBD) contains less than 0.3% THC, but the marijuana THC content may be upwards of 30% at times — a big difference you will notice!
You shouldn’t have a hard time differentiating between hemp-derived CBD products and marijuana-derived CBD products. To date, 19 states have legalized recreational marijuana products. These products are exclusively sold in medical marijuana dispensaries, and these products will generally be a bit stronger, since they have the higher THC content.
On the other hand, hemp-derived products, legalized by the Farm Bill of 2018 are sold online and through select retailers. Still, you have to be cautious when purchasing, because some companies try to pass off hemp seed oil for CBD oil.
Now, let’s get into the actual hemp laws themselves.
Federal Hemp Laws vs. State Hemp Laws
This is where CBD law gets confusing — how is CBD federally legal but still possibly illegal in some instances? The 2018 Farm Bill gives each state the authority to oversee hemp processes and procedures, including the ability to override federal law (as far as hemp is concerned).
There are a few states that have restrictions in place. This boils down to each state having their own Controlled Substance Act, which may stay in place until they choose to remove the long-standing status and definition of hemp in that state. As we’ve said before, it’s a good idea to check your state or local regulations if you’re unsure.
Legal CBD vs. Legal CBD With Restrictions
Contrary to popular belief, CBD isn’t fully legal in all 50 states. As noted above, there are some states that still consider it illegal in some instances. For example, in Idaho, hemp-derived products are illegal unless they contain zero percent THC.
A broad spectrum product is a great example of this, since an additional extraction process removes all detectable trace amounts of THC. There are other states that may have similar stipulations regarding CBD law.
Naturally, seeing how complex this becomes, we thought it only right to take a deep dive into the subject, researching all 50 states so you have all the information you need to shop in confidence. Some states are fully legal, but some states have restrictions that prohibit the sale of certain product categories.
Furthermore, it’s helpful to know that when The Farm Bill of 2018 passed, one of the stipulations was that the Food and Drug Administration oversees the regulatory pathway for companies to include certain components.
Since CBD laws are constantly changing and evolving, a lot of the information is confusing, riddled with misinformation and grey areas. However, it’s necessary to stay current with this information.
Final Thoughts Cannabis Laws and CBD
Conducting your own research is always a good way to familiarize yourself with all of the therapeutic benefits of CBD.** When it comes to figuring out if CBD is legal in Alabama, Utah, or whatever state you live in — how you can buy CBD, where you can have CBD — we went ahead and did the heavy lifting for you.*
We know how confusing it gets rummaging through countless web pages, looking at the dates to see if it’s relevant or valid. Overall, hemp-derived CBD is legal in just about every state, with a few random outliers.
Still, it never hurts to brush up on your CBD knowledge when traveling to another state or country, because things can change fast when you cross borders.
* State and local laws concerning CBD can frequently change. We recommend that you check your state’s website for the most up-to-date regulations surrounding CBD.
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