Is CBD Oil Legal? The Legal Status of CBD in 2019 across 50 States in the USA

Mahfuz
3 min readMar 7, 2019

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Recreational and medical marijuana is now legal to use across 10 states in the USA and more states are on the queue to legalize cannabis entirely. This skyrocket growth in the weed industry has come into effect because of a compound called CBD (short form of Cannabidiol). Cannabidiol is one of the hundreds of compounds found in Cannabis plant that has shown significant performance while tested for various purposes among the scientific community. Research shows that, it can help us with anxious feelings, stress and can be helpful for some other conditions.

CBD oil is the most widely used form of CBD. But it comes in various other forms like spray, gummies, vape, ointment etc. CBD oils’ legality varies from state to state in the USA. Also factors like the following determine whether a CBD oil of a particular type is legal or not:

  • Is the CBD oil derived from Marijuana or Hemp?
  • Is the THC level below the allowed threshold of 0.3%?
  • Is the Hemp cultivated by a state-licensed grower?

CBD derived from marijuana is completely legal in some states, but in some other states that is not the case. As of 2019, Hemp derived CBD and CBD products are completely legal to use across 50 states nationwide.

Related: Aaron Bouren, co-founder of CBD Hemp Experts shared his thoughts about the future of CBD as an industry on his blog.

Is CBD Oil Federally Legal?

Following the 2018 Farm Bill, CBD is now federally legal. With the inception of this bill, it gives farmers the ability to grow industrial hemp and consumers can purchase products infused with CBD. Previously, CBD was only legal in 47 states, but now it is legal at the federal level as well. The 2018 Farm Bill also reclassified the way marijuana was defined in the Controlled Substances Act and removed hemp, which is turn removed CBD from the DEA’s list of controlled substances.

Legal Status of CBD Oil Across 50 States

Cannabis is completely legal for medical and recreational use in the following 10 states. You can use CBD productswithout any legal issues either they are derived from hemp or marijuana, if you live in any of these 10 states:

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington

Only 3 states in the USA have completely barred the use of cannabis and any cannabis derived products. Those states are:

  • South Dakota
  • Idaho
  • Nebraska

Although hemp can be more accessible in those regions eventually, it is crucial for you to know which CBD extract is used to make the products you are using.

CBD derived from hemp is legal in the remaining 37 states, thanks to The 2018 Farm Bill that made this possible. However, specific state laws surrounding marijuana-derived products vary per jurisdiction.

  • Alabama
  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maryland
  • Mississippi
  • Minnesota
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

As mentioned before, if you are consuming hemp-derived CBD anywhere in the U.S., you have no reason to be concerned. But, when it comes to CBD products derived from marijuana, laws vary significantly at the state level.

Courtesy Disclaimer:

The legal landscape around CBD is unclear and changing rapidly both at the Federal and State level. The information on our website and any other communication regarding legality which you may receive from any representative of CBD Hemp Experts is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase CBD in your jurisdiction. You should contact your attorney to obtain more specific guidance.

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