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Is CBD Legal? | Why some states are still blocking it - blog. Photo of a weed leaf being held up

Is CBD Legal? | Why Some States Are Still Blocking the Cannabis Industry and What Is Likely to Happen

CBD is legal at the federal level; however, its legality can vary by state.

CBD is currently fully legal in 10 states. Idaho, Nebraska, and South Dakota have the most strict policies on CBD, making it illegal, even for medical use. Check out our chart with all 50 states.

It's usually okay to travel with CBD made from hemp. That's because hemp was taken off the Controlled Substance Act by the 2018 Farm Bill - just check state regulations regarding CBD products before your travels.

While more research is being conducted on the potential benefits and risks of CBD and more states move to legalize medical and recreational cannabis, it's possible that the legal status of CBD could change in the future.

Some states have made CBD legal if it contains less than 0.3% THC and/or for medical use only. 

In Texas, CBD is legal with less than 0.3% THC. However, the House Bill 1325 made it so CBD products must be tested and labeled accurately, and retailers must be liscenced by the state. As well, CBD is for medical use only. 

CBD has been generating a lot of buzz lately, and for good reason. This non-psychoactive compound found in cannabis has been credited with a variety of potential benefits, from reducing stress to improving rest and easing tension. With all of these potential benefits, it’s no wonder that people are curious about CBD and its legality. Is CBD legal? And if so, where and under what circumstances?

The answer is somewhat complicated. Although CBD is legal at the federal level, its legality can vary by state, and it’s important to understand the laws in your state before using it. In this post, we’ll take a closer look at what CBD is, the legal status of CBD in the United States, and the conditions under which CBD is legal in Texas. Whether you’re new to CBD or just looking to learn more, read on to find out everything you need to know!

What is CBD?

CBD, or cannabidiol, is a non-psychoactive compound found in the cannabis plant. Unlike THC, another well-known compound found in cannabis, CBD does not produce a “high” or altered state of mind. Instead, it is believed to interact with the body’s endocannabinoid system to promote balance and overall wellness.

CBD can be derived from both marijuana and hemp, but hemp-derived CBD is more commonly available and legal in more states. It is important to note that CBD is not a cure-all and more research is needed to fully understand its potential benefits and risks.

CBD comes in many different forms, including oils, capsules, gummies, topicals, and more. Each form has its own benefits and drawbacks, and it’s important to choose a form that fits your needs and lifestyle. Additionally, it’s important to choose high-quality CBD products from reputable companies to ensure that you are getting a safe and effective product.

Overall, CBD is a promising compound that has gained a lot of attention in recent years. Whether you’re looking to reduce stress, ease discomfort, or just improve your overall well-being, CBD may be worth exploring.

Is Cannabis Legal? | Why some states are still blocking it - blog. Photo of a USA map but instead of states its cannabis

Is CBD Legal in the United States?

Thanks to the 2018 Farm Bill, CBD is legal at the federal level in the United States. The bill legalized the production and sale of hemp and hemp-derived products, including CBD, as long as they contain less than 0.3% THC. Products with more than 0.3% THC are still illegal at the federal level.

However, while the Farm Bill legalized hemp-derived CBD on a federal level, individual states still have the right to determine the legality of CBD within their borders. This means that the legality of CBD can vary depending on where you live.

As of 2023, 36 states and the District of Columbia have legalized medical or recreational cannabis, which includes CBD. In addition, some states have legalized CBD specifically, but with restrictions. For example, some states only allow CBD for specific medical conditions, or only allow CBD with very low levels of THC.

It’s also important to note that the FDA has not yet approved CBD for use as a food additive or dietary supplement. While the FDA has approved a CBD-based drug called Epidiolex for the treatment of seizures associated with two rare and severe forms of epilepsy, they have not yet approved other CBD products. This means that CBD products sold as dietary supplements or added to foods or drinks are technically illegal under federal law. However, the FDA has not yet taken significant action to enforce this, so many CBD products are still available for purchase.

To make it easier to find out where each state stands on the matter, we’ve made this information packed chart for you to review. Keep in mind that these rules and regulations can change at any time, so always double check before you try to buy, sell or consume CBD oil products in a questionable state.

State Legal Status Limitations
Alabama Conditionally CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
Alaska Fully Legal
Arizona Conditionally CBD oil under 0.3% THC is legal.
Arkansas Conditionally Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
California Conditionally Hemp-derived CBD edibles are not legal in the state.
Colorado Fully Legal
Connecticut Conditionally Hemp-derived CBD oil must be under 0.3% THC. Marijuana-derived CBD oils are for medical purposes only.
Delaware Conditionally Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
District of Columbia Fully Legal
Florida Conditionally Hemp-derived CBD oil only. Anything over 0.3% THC is only available for medical patients from state owned dispensaries.
Georgia Conditionally The state only allows CBD oil that is made from hemp grown in Georgia.
Hawaii Conditionally Hemp-derived CBD oil only and must be under 0.3% THC.
Idaho Conditionally Hemp-derived CBD oil only and must be under 0.3% THC.
Illinois Fully Legal
Indiana Conditionally Strict policy for marijuana-derived CBD oil. Sale and possession is considered a crime.
Iowa Conditionally Marijuana-derived CBD oil legal with medical cannabis license; hemp derived oil legal as long as it’s under 0.3% THC.
Kansas Conditionally All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license, but THC content can’t be over 5%.
Kentucky Conditionally Hemp-derived CBD oil only.
Louisiana Conditionally Hemp derived CBD oil is legal as long as it’s under 0.3% THC.
Maine Fully Legal
Maryland Conditionally Marijuana-derived CBD oil legal with medical cannabis license for specific conditions.
Massachusetts Conditionally Marijuana-derived CBD oil allowed for medical purposes, not recreational.
Michigan Fully Legal
Minnesota Conditionally Marijuana-derived CBD oil legal with a medical cannabis license. Hemp derived CBD oil is legal.
Mississippi Conditionally Marijuana-derived CBD oil is illegal. Hemp derived CBD oil is allowed.
Missouri Conditionally Marijuana-derived CBD oil exceeding 0.3% THC legal with a medical cannabis license.
Montana Conditionally Marijuana-derived CBD for medical purposes only. Hemp-derived CBD totally Legal.
Nebraska Conditionally Hemp-derived CBD oil only; Marijuana-derived oils are illegal even for medical purposes.
Nevada Fully Legal
New Hampshire Conditionally Marijuana-derived CBD oil legal with medical cannabis license for specific conditions.
New Jersey Conditionally Marijuana-derived CBD oil only for those with medical cannabis licenses. Hemp derived CBD must be under 0.3%.
New Mexico Conditionally Marijuana-derived CBD oil legal with medical cannabis license for specific conditions.
New York Conditionally CBD oil is legal as long as it is under 0.3% THC.
North Carolina Conditionally Hemp-derived CBD oil legal. Marijuana-derived CBD is illegal.
North Dakota Conditionally Marijuana-derived CBD oil legal with medical cannabis license for specific conditions.
Ohio Conditionally Marijuana-derived CBD oil legal with a medical cannabis license. Must be under 0.3% THC.
Oklahoma Conditionally Hemp derived CBD oil is legal with a medical cannabis license.
Oregon Fully Legal
Pennsylvania Conditionally Any CBD oil that exceeds 0.3% THC needs a medical cannabis license.
Rhode Island Conditionally Hemp derived CBD oil must be under 0.3% THC, marijuana-derived CBD for medical purposes only.
South Carolina Conditionally Hemp derived CBD oil is allowed. Marijuana-derived CBD is illegal.
South Dakota Conditionally Medical and recreational CBD oil is illegal.
Tennessee Conditionally Marijuana-derived CBD oil is considered a misdemeanor.
Texas Conditionally Marijuana-derived CBD is illegal. There is a limited medical program for CBD oil.
Utah Conditionally Hemp-derived CBD must be less than 0.3% THC.
Vermont Fully Legal
Virginia Conditionally Marijuana-derived CBD oil must be 15% CBD and no more than 5% THC.
Washington Fully Legal
West Virginia Conditionally Hemp-derived CBD oil is legal. Medical cannabis license available.
Wisconsin Conditionally Marijuana-derived CBD oil for medical patients only.
Wyoming Conditionally Hemp derived CBD only.

*chart updated 04/06/23

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Topicals or Oils, Oh My

CBD is available in various forms to cater to different purposes, such as topical CBD creams for focused relief or CBD oil for regulated dosing.

A Closer Look | Is CBD Legal in Texas?

In Texas, the legal status of CBD is somewhat complicated. While the state allows for the use of CBD products, the conditions under which it is legal are restrictive.

In 2019, Texas passed House Bill 1325, which legalized the production and sale of hemp and hemp-derived products, including CBD, with less than 0.3% THC. However, the bill also created some restrictions on the sale and possession of CBD products. For example, CBD products must be tested and labeled accurately, and retailers must be licensed by the state.

In addition, while Texas allows for the sale and possession of CBD products, there are some limitations on who can use it. Currently, CBD is legal for medical use only, and it can only be prescribed by a licensed physician. The Texas Compassionate Use Act allows for the use of low-THC cannabis oil by patients with intractable epilepsy who have not responded to other treatments. In 2019, the law was expanded to include patients with multiple sclerosis, spasticity, and certain types of epilepsy.

Overall, the legal status of CBD in Texas is somewhat restrictive. While the state allows for the sale and possession of CBD products, it is only legal for medical use and can only be prescribed by a licensed physician. If you are considering using CBD in Texas, it’s important to research the laws and regulations carefully and to consult with a physician to ensure that you are in compliance.

Is Cannabis Legal? | Why some states are still blocking it - blog. Photo of a woman in a cannabis field taking notes

What is Likely to Happen?

While the legal status of CBD has improved in recent years, it’s still a complex and evolving issue. As more research is conducted on the potential benefits and risks of CBD, and as more states move to legalize medical and recreational cannabis, it’s possible that the legal status of CBD could change in the future.

One possibility is that the federal government could take action to clarify and standardize the laws around CBD. For example, the FDA could issue guidance on the use of CBD as a dietary supplement or food additive, or Congress could pass legislation that fully legalized cannabis and removes it from the list of controlled substances. This would provide a clear and consistent legal framework for CBD, and make it easier for consumers, producers, and retailers to operate within the law.

Another possibility is that more states could move to legalize medical and recreational cannabis, which would likely include CBD. This would make it easier for consumers to access high-quality CBD products and would create more opportunities for producers and retailers. However, it could also create a more competitive market and lead to greater regulation and oversight.

Overall, it’s difficult to predict exactly what will happen with the legal status of CBD in the coming years. However, it’s clear that CBD is becoming increasingly popular and more widely accepted, and that the laws around it are evolving in response. If you are interested in using, buying, or selling CBD, it’s important to stay informed about the latest legal developments and to stay compliant with the laws and regulations in your area.

Understanding the Legal Status and Risks of CBD is Crucial for Safe and Informed Choices.

In summary, while CBD is legal at the federal level, its legality can vary by state and it’s important to research the laws in your area before using, buying or selling it. Understanding the legal status of CBD in your state can help you avoid legal trouble and ensure that you are using safe and effective products. It’s also important to educate yourself on the potential benefits and risks of CBD and to choose high-quality products from reputable companies.

If you are considering using, buying, or selling CBD, we urge you to research the laws in your state carefully and to consult with a physician or other qualified professional before making any decisions. By taking the time to educate yourself, you can ensure that you are making safe and informed choices about your health and wellness.

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