Following the passing of the 2018 hemp bill, CBD sourced from industrial hemp may be legal according to the federal law. However, this does not mean that you can get hemp products throughout the whole country.
This is because all of the states have different laws regulating the use of cannabis products. This means that some states may respond differently to the legalization of cannabis products.
It is therefore essential to understand the legality status of CBD products in all 50 states to ensure that not only are you getting a legal product from that CBD dispensary downtown but you are also getting a pure and high-quality CBD.
In this post, we will talk about the legality of both hemp-derived and marijuana-derived CBD at the state and federal levels.
Is CBD Federally Legal?
Although several states have legalized some forms of marijuana, federal law still considers marijuana as a Schedule 1 drug.
According to the FDA, Schedule 1 drugs currently have no medical benefit so, at a federal level, marijuana-based CBD is still illegal.
Also, in states such as Idaho, Nebraska, and South Dakota marijuana in any form continues to be completely illegal.
States Where Marijuana Is Fully Legal
At the moment, only ten states have fully legalized marijuana for both medical and recreational use. Washington D.C has also fully legalized marijuana.
The ten states are:
What this basically means is that in order to get the best CBD oil in Massachusetts, Oregon, California and so on, the only requirement is that you be at least 18 years of age. You can also buy cannabis for recreational purposes without any problem.
States That Have Legalized Medical Marijuana
Please note that the above-named states allow for both medical and recreational marijuana use. However, there are 23 states that only allow for medical marijuana use. These states are:
- New Mexico
- New Jersey
- New Hampshire
- New York
- West Virginia
- North Dakota
- Rhode Island
The latest states to legalize medical marijuana are Utah and Missouri, which voted to legalize it in 2018. Oklahoma also voted to pass it earlier in 2018.
A state like Michigan started with the legalization of medical marijuana with the hope that this would pave the way for full marijuana legalization later on.
However, up to now, Michigan and other states such as West Virginia and North Dakota have not yet put operational systems in place. The same applies to Arkansas and Louisiana.
Ohio has also not made much progress, it hasn’t been able to put up operational dispensaries two years after legalizing medical marijuana.
According to the ruling by the Ohio Board of Pharmacy, until the operational dispensaries are in place, any CBD product not sold in a licensed dispensary is illegal.
Although the above 23 states have not yet legalized recreational marijuana, states such as Delaware, Connecticut, Maryland, Illinois, Mississippi, Minnesota, Nebraska, Missouri, New York, Ohio, and North Carolina have all decriminalized the drug.
Having a small amount of marijuana on you, therefore, may not lead to a criminal record or arrest. However, the maximum amount of marijuana that you can carry with you depends on the specific state.
Still, you might be required to produce a prescription from a licensed doctor for you to access medical marijuana in most of these states.
States Where Only Hemp-derived CBD is Legal
In this section, we will cover states that only allow hemp-derived CBD. Still, the law in these states can differ significantly as you will see below.
These states are very strict on who can and can’t get CBD depending on their medical conditions.
- Alabama – In this state, the only legal way of accessing medical CBD is if you are suffering from a debilitating medical condition. The other way of accessing medical CBD in this state is by participating in a government/state-sponsored clinical trial.
- Indiana – In 2018, a law was passed legalizing the sale and use of CBD with less than 0.3% THC. Initially, you were required to be on a patient registry in order to buy CBD.
- Georgia – In Georgia, several conditions such as cancer, Parkinson’s disease, seizure disorders, and multiple sclerosis make you eligible for medical CBD. Also, CBD concentration must not be less than that of THC.
- Iowa – The Department of Public Health in this state allows CBD use for patients suffering from diseases such as seizures, ALS, and HIV.
- Kansas – In 2018 a law was passed allowing adults to possess and use CBD with 0% THC.
- Mississippi – Allows the use of CBD products for epilepsy patients. However, the product must have less than 0.5% THC. Still, this must be done under the supervision of a licensed doctor.
- North Carolina – Hemp CBD is legal for epilepsy patients.
- South Carolina – CBD is only legal for people with severe epilepsy. However, the extract must have minimal THC traces.
- Tennessee – In this state, hemp-based CBD is considered legal.
- Texas – In 2015, a law was passed making CBD legal for intractable epilepsy. However, the CBD extract cannot have more than 0.5% THC and must contain more than 10% CBD.
- Wisconsin – Since 2015, CBD has been legal for seizure disorders. In 2015, the legality was extended to cover any condition recommended by a qualified doctor.
- Wyoming – CBD is only legal for epilepsy conditions that won’t react to other common treatments. However, that is not all. The neurologist must write to the Department of Health, outlining how CBD would benefit the patient in question. The patient is then given a card, allowing them to access an extract with high concentrations of CBD and a minimal level of THC.
There you have it, the legality of both hemp and marijuana CBD in 2019. Please note that these laws keep on changing and the way it is today may not always be the case.
You should, therefore, study the laws regulating the use of cannabis products to ensure that you stay updated.
The key to getting the best CBD oil is knowing the factors to consider, some of which include certificates of analysis, organically grown hemp plant as well as cannabis that has been grown and processed in the USA.