More specifically, the farm bill removed hemp and hemp derivatives from the definition of “marijuana” in the Controlled Substances Act. The new law also specifically tasked the US Food and Drug Administration (FDA) with regulating hemp-derived food and drug products. (More on that below.)
In December 2018, President Trump signed the Agricultural Improvement Act of 2018 (aka the 2018 farm bill) into law. That Act included a section removing hemp from the Controlled Substances Act. Hemp and marijuana are both cannabis. The only difference is the federal government considers cannabis with less than 0.3% THC, the intoxicating cannabinoid, to be legally classified as “hemp.”
As of late 2019, the general rule for consumers is this: CBD is legal to possess and consume everywhere except Idaho, Iowa, and South Dakota. The rule for manufacturers and retailers is this: Check your local jurisdiction and vet your business plan with a lawyer who knows local CBD laws.
Note: The chart below applies to unlicensed CBD products only. State-licensed CBD products sold in adult-use and medical cannabis stores operate under different rules.
Now that hemp is no longer a controlled substance, and CBD comes from hemp, all CBD must be legal, right? Not so fast.
Marijuana legality varies by state, as does CBD legality.
CBD must be legal on both the federal level and the state level in order for it to be legal in your state.
Is CBD Legal in the U.S.?
The following states have legalized CBD, some only for specific medical purposes:
CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant.
The 2018 Farm Bill legalized, on the federal level, the regulated production of hemp, or any part of the cannabis plant with a THC concentration below 0.3%. States, however, have the final say in whether or not cannabis-derived products are legal within their state lines.
Primarily CBD is used in medicine to treat epilepsy and to calm the nerves however CBD products are starting to enter the market and they can be used for more than medicine.
Maryland – Legalized medical marijuana and CBD products that are approved by the FDA.
Top 7 Best CBD Oil On The Market 2021
Nevada – Legalized medical marijuana and CBD products that are approved by the FDA.
Washington – Legalized medical marijuana and CBD products that are approved by the FDA.
CBD products are becoming more and more popular lately thanks to the Farm Bill which allows the cultivation of Hemp on US soil. And although CBD products have been approved by the FDA, some states aren’t 100% clear on the legality of CBD, this leaves us with the question, “Is CBD Legal States? ”