Is CBD Legal? The Legal Status of CBD

is cbd legal?

The repute of CBD is on the rise; however, the legality of CBD is still questionable. A question which plagues many CBD users is – Is CBD legal?

The answer is – Yes, CBD is legal, but… under particular conditions.

Recent reforms have determined the legal status of CBD, but some requirements are still unclear. The validity of CBD can differ from state to state and federally. In general, one of the decisive factors is whether the CBD originated from hemp or marijuana. While the two plants are very alike, they are ranked individually under the law and learning the distinction is crucial to legally use CBD.

The Legality of Hemp versus Marijuana

Hemp and marijuana are both classes of plants in the Cannabis family, and both can provide an abundance of CBD. As affiliates of the same family, hemp and marijuana share many obvious similarities. At a chemical level, the two plants have different amounts of Tetrahydrocannabinol (THC), the intoxicating composite found in Cannabis.

While hemp is defined by producing a nearly non-existent amount of THC (less than 0.3%), marijuana can provide an abundance of THC (up to 30%). Because of its high THC-content, marijuana may cause severe mind-altering effects when utilized and is federally illegal in the United States and several other countries.

Is Hemp Derived CBD Legal?

Hemp-derived CBD is legal if it is produced within the controls defined by the law. In 2018, President Trump announced the Agricultural Improvement Act of 2018 (also known as the Farm Bill), which excluded hemp as a Schedule I substance and reclassified it as an “agricultural commodity.” A common misunderstanding about the 2018 Farm Bill is that it legalized CBD unmindful of if it was derived from hemp or marijuana. This is untrue.

As per the guidance of the DEA, CBD is a Schedule I substance and is illegal. However, if the CBD is derived from hemp and adheres to the below-mentioned regulations outlined in the new farm bill, it is excluded as a Schedule I substance and is legal:

  • The hemp must include less than 0.3% THC
  • The hemp must adhere to the accorded state-federal regulations
  • The hemp must be produced by a duly licensed grower

Also, the 2018 Farm Bill also lifted restrictions on the sale, shipping, and possession of hemp-derived CBD products. Provided for the transportation of hemp-derived CBD products across state lines as long as the products follow controls defined above.

Is Marijuana-Derived CBD Legal?

While hemp-derived CBD is allowed federally if it adheres to the legislation, marijuana-derived CBD is a concern because it is derived from an illegal plant. In a few states, such as California and Colorado, marijuana is legalized for recreational usage, and consistently so is marijuana-derived CBD. Others recognize marijuana-derived CBD usage under certain conditions, such as a specific medical condition, and some states stringently prohibit it.

As of 2019, there are 10 States where Cannabis, including both marijuana and hemp, are perfectly legal for recreational and medicinal use. These states are Alaska, Maine, Massachusetts, Michigan, Nevada, California, Colorado, Nevada, Vermont, Oregon, and Washington. If you are in one of these incredible states, you would be entirely within your legal rights to use CBD.

In any case, we still heartily recommend consulting with your doctor or a certified health specialist to ensure CBD is competent for you to use.

States Where Marijuana-Derived CBD is Illegal

Both hemp-derived and marijuana-derived CBD are allowed at varying levels in a majority of the United States; however, there are specific states where marijuana-derived CBD is rigidly prohibited, and even hemp-derived CBD is a bit of a shaded area. There are currently three states that have taken a strong position against CBD in the US: Idaho, Nebraska, and South Dakota. If you are in one of these states, it is highly recommended to proceed with extreme care.

Where will I get CBD?

You can purchase high-quality CBD Oil and other CBD Products at

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