Is CBD Oil Legal?

As the popularity and acceptance of CBD grows, more and more people are looking to hemp oil and other CBD products to improve their health and well-being. Companies of all sizes nationwide have joined this growing industry resulting in an extensive range of CBD infused products available in the market.

If you are thinking about trying CBD for the first time, you probably have many questions. CBD is a relatively new industry, so it is no wonder why you may be confused. It can even be confusing for lawmakers and experts! Though CBD is legal in most states, different interpretations of the laws regarding CBD vary largely by state.

Is CBD Hemp Oil Legal in the U.S.?

The Agricultural Act of 2014, commonly known as the 2014 Farm Bill, established federal regulations for the cultivation and growth of industrial hemp. The bill states that for hemp to be federally legal, the grower must be working with a research institution in a state where CBD is legal. Additionally, the bill defined industrial hemp as “the plant Cannabis sativa L. and any part of such plant with a THC concentration of not more than 0.3 percent.”

In layman’s terms, this means that the most critical factors determining CBD legality are whether it is derived from industrial hemp (less than 0.03% THC) and if it is produced by a state-licensed grower.

Since the Farm Bill gave substantial legal power over CBD to the states, the answer to the question “Is hemp oil legal?” is not that simple. While CBD derived from hemp is available nationwide, laws on CBD vary widely per jurisdiction.

Where is CBD Legal?

As of 2018, there are nine states where cannabis is enirely legal for medicinal and recreational use. If you are a resident in one of these states, you can use CBD freely, whether it comes from hemp or marijuana. These nine states are Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington.

On the other hand, there are currently three states where any product derived from hemp is illegal in most cases including CBD. These are Idaho, Nebraska, and South Dakota. If you are consuming CBD in any of these three states, it is crucial that you are up to date with each state’s laws.

In the remaining 38 states, CBD is mostly legal, but laws still may vary across state lines. The most important factor determining CBD legality in these states is the origin of the CBD extract. If you are consuming CBD products made from hemp that contains less than 0.3% THC, then you have anything to worry about. However, if you are consuming CBD extracted from marijuana or CBD with a THC content higher than 0.03%, there could be legal repercussions.

While it is essential to know what your state’s laws on CBD are, you can take heart in knowing that CBD arrests are of very low priority for law enforcement in the handful of states that still have strict restrictions.

Laws regulating CBD are always changing especially as the industry grows in popularity and gains acceptance in the medical fields. There is no question that soon CBD will become completely legal nationwide; but in the meantime, make sure to continually check your local laws for any changes.


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