If you’re reading this article, chances are you’ve already heard of the amazing benefits of CBD oil and like so many others, you’re interested in finding out if CBD is right for you. The popularity of CBD extracts has grown tremendously over the past few years and more and more people have started turning to CBD oil to help improve their health and happiness. But one of the biggest questions many first time CBD users have is, “Is CBD legal where I live?” Unfortunately the answer is more complicated than a simple yes or no.
Late last year, congress passed the 2018 Farm Act which legalized hemp in all 50 States. The 2018 Farm Act removed hemp and hemp based products from the nation’s Schedule 1 Controlled Substance list and redefined hemp based CBD as an agricultural commodity legal to grow and possess federally. This also includes CBD products derived from hemp like CBD tinctures and creams. As far as the federal government is concerned, these products are legal to purchase and use regardless of where you live.
So from a federal standpoint, hemp-based CBD is legal, but only hemp-based CBD products are legal. Any CBD product derived from marijuana is still considered as Schedule 1 Controlled Substance and subject to federal ban.
But the legality of CBD oil is also subject to individual state law and varies on a state by state basis. In some states CBD derived from marijuana is completely legal. Currently, cannabis use is completely legal for both medicinal and recreational use in 10 states including; Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. In these states you can legally purchase and consume CBD products made from either marijuana or hemp plants. Additionally 33 states currently have medical marijuana laws with conditions related to CBD oils and products.
But what about hemp derived CBD? As of 2019, CBD derived from hemp is legal nationwide at the federal level. This includes all hemp-derived CBD products like oils, edibles, and ointments. However, some states have laws on CBD from hemp that are restrictive. In some states, CBD derived from marijuana is completely legal; but in most states, its legality depends on a number of different factors and conditions.
Generally speaking you’re fine purchasing and possessing hemp based CBD in most states. However, there are a number of States that have laws specifically pertaining to CBD. In Idaho for example, any amount of THC found in your CBD products is illegal. Even hemp extracted CBD oil can contain trace amounts of THC (not enough to even register on a test, and certainly not enough to deliver a high, but enough to make the legality of even hemp-based CBD questionable in Idaho.) Both Nebraska and South Dakota classify CBD as marijuana and therefore consider it illegal within the state, while still acknowledging the federal lift on hemp-based products. Other states allow the sale and possession of hemp-based CBD products but maintain laws designed to discourage CBD sales and usage in the state. In these states, obtaining CBD may be more difficult. Buying CBD products from a respected online retailer is your best bet for obtaining hemp-based CBD oils in these states.
In short, it’s important to know your local laws on cannabis. Cannabis laws are constantly changing and while CBD (in general) still remains subject to individual state laws, hemp-based CBD products can be purchased and consumed in all 50 states as long as it is grown in accordance with the 2018 Farm Act. If you’re looking for a good CBD oil, whether it’s to decrease stress or improve your health and happiness, choosing the right hemp-based CBD products from a reputed online retailer is one of the safest and worry free methods for purchasing CBD.
*Notice : This post is not nor should be intended as legal advice.