The 2018 Farm bill legalized CBD in the USA without a prescription. In this blog we give you everything you need to know about CBD and the law in your state and the USA as a whole.
What Is CBD?
CBD is short for Cannabidiol, which is a naturally occurring chemical compound that you get from the Cannabis sativa plant. This is also known as Hemp or Marijuana. Due to recent changes in the law it is now possible to buy CBD in shops and online.
The chemical CBD is responsible for the feeling of calm and relaxation that people report when using Marijuana, so by using just CBD, you get all of the calm feeling without any of the psychoactive and negative effects of marijuana caused by a different chemical called THC. CBD is also being used in a lot of other ways to help people with their health, and we cover many of them here in this blog.
We have a written a full guide to CBD here.
CBD V THC – Whats The Difference
It’s confusing, but one of the chemicals found in marijuana (CBD) has mainly positive effects, whilst the similar but different chemical THC is mainly responsible for the negative side effects such as ‘getting high’.
Looked at up close, the two molecules are actually surprisingly similar, both have the same numbers of different atoms that make them up, but the atoms are arranged in two different shapes. It’s the shape difference that makes all the difference to how they effect natural chemical receptors in your body.
Whilst the THC shape causes the high that marijuana smokers experience, the CBD shape gives the positive medical effects with none of the high. The THC shape has many of the same health benefits as CBD, but the negative other effects make taking it not an option for many. We like to think of CBD as the good brother and THC as the ‘bad boy’ wayward brother of the two molecules. They look similar but act in very different ways. This is why it’s so important to be confident of the purity of any product you buy and be able to buy confidently from a reputable source knowing that what you get is 100% CBD, with none of its badly behaved brother mixed in.
CBD – Is It Legal In The USA?
We get asked this question a lot and the short answer is a resounding YES!
The 2018 Farm Bill brought about the legalization of hemp — a form of the cannabis plant that contains less than 0.3% of the psychoactive cannabinoid tetrahydrocannabinol (THC). In addition to changing how hemp farming is managed, the passing of the Farm Bill also removed hemp-derived cannabidiol (CBD) from the Controlled Substances Act. This was a significant compliance milestone for hemp-derived CBD products. The bill states that any cannabinoid that is derived from legally cultivated hemp material, in accordance with guidance given in Section 12619 of the Bill, would also be considered legal by extension for use and sale.
In short, CBD in the form that we sell it is legal in the USA.
Regulation Of CBD In The USA
The FDA does not approve foods, supplements, beverages, nutraceuticals, and many other retail product categories. FDA approval is reserved for pharmaceuticals, medical devices, and other categories. CBD is considered to be a supplement not a pharmaceutical.
TruBrain is manufactured in FDA-certified facilities that adhere to the requirements of the FDA and uses Current Good Manufacturing Practices (CGMPs), ensuring its safety. We maintain a relationship with a leading law firm in food and beverage, to manage our compliance relationship with various federal agencies, including the FDA, the FTC, the Consumer Product Safety Commission, the USDA, and EPA.
Individual States and the Law for CBD
Is CBD Legal in Alabama?
Gov. Kay Ivey signed Senate Bill 225 on June 10, allowing pharmacies to sell CBD products containing no more than 0.3 percent THC. … CBD was still registered as a Schedule 1 controlled drug in Alabama so even though the federal government reclassified CBD and CBD oil, state law stood.
Is CBD Legal in Alaska?
Currently, CBD oil is legal for use by people in Alaska as long as it’s sourced from industrial hemp, specifically from the plant’s stalks and seeds. CBD products that are allowed for use in the state must have a low amount of THC.
Is CBD Legal in Arizona?
CBD oil, a non-psychoactive cannabinoid (meaning it does not get you high) derived from specific low-THC, high-CBD strains of cannabis, has been legal in Arizona since a ruling affirming its medicinal help for epilepsy in 2014.
Is CBD Legal in Arkansas?
CBD Containing Less Than 0.3% Is Legal In Arkansas. The state formally legalized CBD under the Industrial Hemp Act of 2017. It has legalized CBD oil with a maximum THC content of 0.3%.
Is CBD legal in California?
Any kind of CBD is legal in the state. In fact, all hemp products have been legalized in California, even recreational marijuana. You can buy CBD Oil in your local food store around the corner. You can buy CBD products, including CBD Hemp Oil, CBD Edibles, etc anywhere in California.
Is CBD Legal in Colorado?
CBD is completely legal in the state of Colorado. The Farm Bill 2014 legalized the industrial hemp industry in all fifty states, making it legal for anyone over the age of eighteen to purchase CBD products, as long as the products remain below the federal limit for THC content—0.3%.
Is CBD legal in Connecticut?
Yes, CBD Oil, made from Hemp and containing less than 0.3% THC is Legal in Connecticut for all. However, when we talk about CBD Oil made from Marijuana or CBD Oil containing more than 0.3% THC, it is legal for only those who have enrolled in the state’s Medical Marijuana Program.
Is CBD legal in Delaware?
It is legal in Delaware to purchase any CBD product in stores as well as online and is sold in most places without any prescription since the 2014 Farm Bill was passed. … CBD however can be extracted from both the normal cannabis plant hemp as well as from the industrial variety.
Is CBD legal in Florida?
Florida’s legislature passed Senate Bill 1020 which will allow the use of CBD oils that contain up to 0.3% THC.
Is CBD legal in Georgia?
Federal law says CBD containing 0.03 percent of THC or less is legal. But Georgia state law says CBD with any THC amount is illegal.
Is CBD legal in Hawaii?
It is currently a fluid interpretation of the law here and some sources say it is illegal to add CBD to food, beverages and cosmetics that are manufactured, distributed and sold in Hawaii. CBD may not be sold as a “dietary supplement.” If you live in this state we recommend seeking advice to be 100% sure.
Is CBD legal in Idaho?
With regard to CBD products in general, a 2015 Idaho Attorney General’s opinion states the CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise it is illegal in Idaho under current law.
Is CBD legal in Illinois?
Illinois was the 20th state to legalize CBD in the state, by implementing the medical marijuana program under the Industrial Hemp Act. CBD products (including CBD Oil) containing less than 0.3% of THC is allowed in Illinois.
Is CBD legal in Indiana?
In Indiana, it is legal for any person to buy, sell and possess CBD oil products as long as it doesn’t contain more than 0.3 percent THC. The products must meet certain labeling requirements and have QR codes that link to the ingredients.
Is CBD legal in Iowa?
Only cannabidiol (CBD) and 3% or less of delta-9-tetrahydrocannabinol (THC) oil are legal from licensed dispensaries in the state. CBD oil is permitted for only a limited number of medical conditions.
Is CBD legal Kansas?
In 2018, Kansas legalized CBD, or cannabidiol. Vendors could only sell CBD without THC, or tetrahydrocannabinol.
Is CBD legal in Kentucky?
YES, you can legally buy CBD in KentuckyThe 2017 Kentucky House Bill 333 accorded statewide legal status to the consumption and retail sale of CBD products. The extract should only contain 0.3% THC content and must be derived from industrial hemp.
Is CBD legal in Louisiana?
With the passage of House Bill 491, the Louisiana Legislature legalized the sale of hemp and hemp-derived cannabidiol products, more commonly called CBD. Governor John Bel Edwards signed the legislation into law on June 6 2019.
Is CBD Legal in Maine?
Both marijuana and hemp-derived CBD oil are legal in Maine. Under the 2014 Farm Bill, hemp-based products are legal in all 50 states, as long as the in-state law states otherwise. Fortunately, no legislation has been introduced to regulate the plant in the state.
Is CBD legal in Maryland?
Contrary to marijuana-based products, hemp-derived CBD oil is fully legal in Maryland. Under the 2014 Farm Bill, industrial hemp and hemp-derived cannabis extracts are allowed in all 50 states, unless the in-state laws say otherwise.
Is CBD legal in Massachusetts?
Hemp cultivation was permitted in Massachusetts under the state’s recreational marijuana law. … The state policy bans CBD that comes from hemp, which is regulated by the Massachusetts Department of Agricultural Resources, while CBD that comes from marijuana is legal and regulated by the Cannabis Control Commission
Is CBD legal in Michigan ?
The CBD market in Michigan took off after Congress approved the 2018 Farm Bill, which made it legal for U.S. farmers to grow hemp, the low-THC part of the cannabis plant from which CBD is derived.
Is CBD legal in Minnesota?
Effective January 1, 2020, products containing CBD derived from hemp can be legally sold under Minnesota state law only if all the conditions outlined. Products derived from the hemp seed contain only trace amounts of THC and CBD, which is why the FDA permits their sale.
Is CBD legal in Mississippi?
Keep in mind the law in Mississippi requires CBD oil to contain no more than 0.5% of psychoactive THC while having at least 15% of CBD
Is CBD legal in Missouri ?
Consumers across the United States are using products containing cannabidiol, also known as CBD, for a variety of reasons, including pain and anxiety relief. Stores are selling a variety of CBD products, including oils, topicals, and edibles – however, cannabis is potentially not legal for recreational possession in Missouri. If you live in this state we recommend seeking advice to be 100% sure.
Is CBD legal in Montana?
Hemp contains less than 0.3% of THC and is completely legal in all 50 states under the 2014 Farm Bill unless the in-state law states otherwise. Fortunately, hemp-based products, as well as hemp-derived CBD oil, are allowed in Montana, too.
Is CBD legal in Nebraska?
CBD oil, or cannabidiol, has been sold at shops around the state for some time now, often advertised as a reliever for both pain and anxiety, but its legality remains unclear. … In November, Nebraska Attorney General Doug Peterson informed state law enforcement that CBD oil remains illegal under state law. If you live in this state we recommend seeking advice to be 100% sure.
Is CBD legal in Nevada?
Marijuana is legal in Nevada for both medical and recreational purposes. Residents of the “Silver State” can now safely access both hemp based CBD oils and marijuana derived CBD oils for personal use. You don’t need a prescription to purchase marijuana CBD oil in Nevada.
Is CBD legal in New Hampshire?
The 2015 HB-421 authorized the University of New Hampshire (UNH) to cultivate industrial hemp for academic and research purposes. Today, it’s perfectly legal to consume and purchase over-the-counter CBD oil products in New Hampshire.
Is CBD legal in New Jersey?
CBD oil from hemp is legal in New Jersey. You can freely purchase, possess, and consume hemp-derived CBD because it contains less than 0.3% THC, meaning it’s not psychoactive.
Is CBD legal in New Mexico?
CBD products are considered legal in New Mexico, and not just for medical marijuana cardholders. … CBD hemp oil is sold freely throughout the state, and the government began passing laws regarding the production and research of hemp in April 2017
Is CBD legal in New York?
Cannabidiol is widely available in New York state. You can purchase it without a prescription from a doctor, as long as you are purchasing CBD food supplements.
Is CBD legal in North Carolina?
CBD or cannabidiol comes from the cannabis plant. … THC is the psychoactive compound in cannabis that produces a high feeling. It is not legally allowed in North Carolina. Companies like Camel City Hemp must test their products to make sure THC levels are below 0.3 percent.
Is CBD legal in North Dakota?
CBD Oil contains hemp and in only 0.1 percent THC, making it legal to buy and sell, according to the Food & Drug Administration.
Is CBD legal in Ohio?
CBD Oil Now Legal in Ohio. On July 30, 2019, Governor Mike DeWine signed Ohio Senate Bill (SB) 57 legalizing the possession, purchase or sale of hemp and hemp products.
Is CBD legal in Oklahoma?
There is no specific law in Oklahoma stating that hemp CBD oil is legal for non-medically qualified patients. … Moreover, Oklahoma recently passed a medical marijuana program that allows qualified patients to purchase and use cannabis CBD oil from licensed dispensaries.
Is CBD legal in Oregon?
Oregon allows the sale of CBD oil provided that it is derived exclusively from hemp and has less than or equal to 0.3% of THC content.
Is CBD legal in Pennsylvania?
Yes, it is legal in Pennsylvania to sell, purchase and use CBD oil; the only catch is that it has to be derived from industrial hemp.
Is CBD Legal in Rhode Island?
CBD oil is legal in Rhode Island, but the exact legal status depends on the source of cannabidiol. If its sourced from hemp its fine to be posted as well.
Is CBD Legal in South Carolina?
You are allowed to possess or sell a substance that is related to marijuana in South Carolina so cannabidiol oil, also known as CBD oil, which is derived from hemp plants is allowed.
Is CBD legal in South Dakota?
Current South Dakota law makes industrial hemp illegal and all forms of CBD oil illegal. The only exception is the prescription drug Epidiolex which was recognized by this year’s legislature as a controlled substance under SB 22.If you live in this state we recommend seeking advice to be 100% sure.
Is CBD legal in Tennessee?
Cannabidiol can also be derived from marijuana plants, and that’s still illegal; but Tennessee law declares CBD legal if it’s made from industrial hemp. Its advocates tout it as treatment for pain, anxiety and several other conditions.
Is CBD legal in Texas?
To summarize, CBD products are now officially legal in Texas. Citizens of the Lone Star State can buy low-THC CBD products without fear of arrest, as it is legal at both state and federal level.
Is CBD legal in Utah?
Cannabis in Utah is illegal for recreational use, with possession of small amounts punishable as a misdemeanor crime but Medical use was legalized by ballot measure in November 2018, after a CBD-only law was passed in 2014 and a limited “right to try” law was passed in March 2018.
Is CBD legal in Vermont?
CBD is legal in Vermont, and in fact they even describe the taxation status of it as a legal product. Hemp and cannabidiol products derived from hemp may be legally sold in Vermont. Hemp plants that are purchased as an agricultural supply are exempt from the Vermont Sales and Use Tax under the agricultural exemption. Cannabidiol is generally subject to the Vermont Sales and Use Tax, with the exception of one form of cannabidiol that has been approved by the FDA, and therefore qualifies for the drug exemption from sales tax.
Is CBD legal in Virginia?
The manufacture and sale of hemp-derived CBD oil is legal under federal law in all fifty states under the 2018 Farm Bill. … Marijuana- derived CBD oil may only be possessed in Virginia, under the protection of an affirmative defense, through the Commonwealth’s medical marijuana program.
Is CBD legal in Washington?
Yes, generally speaking, you can legally buy CBD oil in Washington, D.C. The state’s authorities permit the use, possession, and sales of hemp-derived CBD oil, as the THC content in such products is below 0.3%. In other words, hemp-derived CBD oil is legal because it won’t make you high.
Is CBD legal in West Virginia?
CBD products are legal in West Virginia so long as the THC level isn’t beyond 0.3%. This brings us to the distinction between CBD cannabis oil and CBD hemp oil. … The state made medical marijuana legal in 2017, but dispensaries are scheduled to open in 2019.
Is CBD legal in Wisconsin?
Recently, the state of Wisconsin legalized the sale and use of CBD, or cannabidiol, an active ingredient in cannabis. … Marijuana remains illegal in Wisconsin, although Democratic Gov. Tony Evers has proposed legalizing its use for medical conditions and decriminalizing possession of small amounts.
Is CBD legal in Wyoming?
hemp-derived cannabidiol (CBD) products that contain less than 0.3% THC by weight are legal to use and possess.
CBD Health Benefits
We have an in depth blog here giving you everything you need to know about the health benefits of CBD. We also wrote a recent article about treating anxiety and stress with CBD here. We also recently wrote an article about the possible use of CBD to treat or assist the treatment of ADHD here. CBD is often used to help with chronic pain and inflammation too.
The overall summary here is that the 2014 Farm Bill changed the landscape for people to legally seek the benefits of CBD in the USA. We would always stress you should check the legality of CBD in your state yourself as legislation can change from time to time but we will always agree with legislators tat sourcing CBD from a reliable and reputable retailer like ourselves is essential for your to be confident that the product you have is below the 0.3% THC max allowance.