Is CBD Oil Legal in all 50 states?

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Thanks to the 2014 Farm Bill, hemp is legal
in all fifty states. However, the legality of CBD is still confusing for many.
We dug into the laws of each state and even hired
a group of lawyers
to help us understand the legal landscape.

Here’s what you need to know.

The legality depends on the source of the CBD.

CBD Oil Legal
CBD Oil Legal

While hemp-derived CBD is legal in all 50
states, ‘marijuana’-derived CBD is not legal federally.

Both marijuana and hemp are members of the
cannabis family making them similar in many ways. The government classifies
hemp as any plant of the cannabis family that contains less than 0.3% THC. It
classifies “marijuana” as any plant of the cannabis family that contains greater
than 0.3% THC.

cbd vaping juice“Marijuana” cannabis plants
have a low percentage of CBD than hemp plants. That’s why most CBD products use
CBD from hemp not marijuana. Because marijuana has higher concentration of THC,
it’s not an ideal choice for producing CBD products. Using marijuana plants
would require extracting some of the THC to make CBD within the legal limits.

Hemp cannabis plant have a high amount of
CBD and low THC, making them the most efficient plant for CBD processing.

So the bottom line here is, if your CBD
comes from hemp, it is legal.1 CBD made from “marijuana” with high levels of
THC, is only legal if your state legalized marijuana.

Where is CBD illegal?

Thanks to the passing of the 2018 Farm
Bill, zero THC CBD is not illegal in any state in the USA. That’s right;
according to federal law, it is legal in all 50 states. That said, since the
change in law is relatively new, some states might not fully embrace CBD.This
should change with the new bill, however, it may take time. Below we outline
four different jurisdictional categories based on pre-2018 Farm Bill practices.

States can be grouped into four
jurisdictional categories.

Friendliest States.

These jurisdictions have explicit laws
allowing retailers to sell industrial hemp-derived products.

These jurisdictions include: Alaska,
Colorado, Illinois, Indiana, Kentucky, Maryland, Missouri, New York, North
Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, and
Wisconsin.

Friendly States.

In these jurisdictions industrial hemp
grown in a Farm Bill-compliant agricultural pilot program is explicitly
exempted from the definition of marijuana.

These jurisdictions include: the District
of Columbia, Hawaii, Kansas, Montana, New Mexico, North Dakota, and Oklahoma.

Gray Area States.

In these jurisdictions explicit
prohibitions against the retail sale of industrial hemp-derived CBD products
but that have exemptions in the law for the argument that hemp-derived CBD
products are legal.

These jurisdictions include: Arkansas,
Delaware, Florida, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts,
Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Texas,
Virginia, and Washington.

States with Concern.

These jurisdictions have no explicit
prohibitions against the sale of industrial hemp-derived CBD products. However,
recent law enforcement actions or pronouncements raise the risk of the retail
sale of industrial hemp-derived CBD products.

These jurisdictions include Alabama,
Arizona, California, Connecticut, Michigan, Nebraska, Nevada, Ohio, South
Dakota, West Virginia, and Wyoming.

What are the specific rules in your state?

Concluding Thoughts: Is CBD Legal in 2019?

Yes, it is legal to purchase and consume
hemp-derived-CBD in all 50 states.

Marijuana derived CBD is not legal
federally.

The government classifies hemp as any plant
of the cannabis family that contains less than 0.3% THC.

It classifies “marijuana” as any plant of
the cannabis family that contains greater than 0.3% THC.

You need to check your specific state for
any restrictions

Federal law permissions for activities
involving industrial hemp are
clear. However, the Farm Bill, and other federal laws on industrial hemp, do
not pre-empt state law.

Just as there are hundreds of
municipalities in the United States that prohibit alcohol sales nearly a
century after Prohibition’s repeal, local and state laws may still restrict the
sale of industrial hemp products even where federal law is clearly permissive.

Some states continue to view CBD that comes
from marijuana as being no different than marijuana itself. The government
classifies any plant of the cannabis family that contains more than 0.3% THC to
be marijuana.

Bottom line, it is legal to purchase and
consume hemp-derived-CBD in all 50 states.

Keep checking back in this space for
updates as there is currently a bill going through Congress right now that
could change the way the government views both hemp and marijuana.

The 2018 Farm Bill holds the promise to
clear up many of the misconceptions and confusing elements surrounding CBD. If
you’re interested in learning more about how we came to have these regulations
of hemp read Chapter 2 of our CBD textbook
on The History of CBD. We found a nice summary of this book at https://latestlawjobs.com for anyone who
wants to save time!

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