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Canna Culture Guide - CBD Legality

In The Know Guide: CBD Legality

The recent passage of marijuana legalization legislation throughout the country has been great, but it’s also left many grey areas, particularly regarding the legality of CBD and CBD oil.

Because each state regulates CBD legality, there’s not one blanket answer to the question, “Is CBD legal?” Depending on which state you live in, cannabis legality may affect whether CBD is available lawfully or not.

Here we’ll answer the question “Is CBD legal?” and examine just what recent legislation has meant for the CBD industry and for you, the consumer. With such wide variation in laws between states, it’s always best to keep yourself informed.

Canna Culture Guide - CBD Legality girl holding CBD drops vile in her hand

Where is CBD Legal?

The question of where CBD is legal is not as simple as it seems. In short, the simple answer is “yes,” but there are exceptions. There are actually several factors that determine whether CBD is legal in your state or not, including whether your state has legalized medical or recreational marijuana.

CBD derived from hemp is legal in 47 of the 50 states, with the three exceptions being Idaho, Nebraska, and South Dakota. After hemp was declared federally legal in 2018, most states got on board with the sale and consumption of CBD, though many issues remained unresolved.

One of these issues was medical marijuana legalization. Thirty-six states have now legalized medical marijuana, and the question of CBD legality in these states has gotten more complicated as time has gone on.

Many of the 36 states with medical marijuana programs still place restrictions on CBD extracted from female marijuana plants. These extracts contain small amounts of THC as well, making them psychoactive and requiring their regulation under medical guidelines, further complicating the question, “Is CBD oil legal?” These products are most often supplied to patients suffering from approved medical conditions such as seizure disorders.

For readers fortunate enough to live in one of the 18 states to pass recreational use legislation, you’ll enjoy the loosest restrictions of all. In these states, CBD derived from marijuana is typically sold alongside hemp-derived CBD, though the marijuana-derived products will only be available in dispensaries thanks to their trace amounts of THC.

Why is CBD Legal?

CBD’s many benefits began to be recognized by the scientific community long ago. CBD oil has often been recognized for its ability to treat seizures, and CBD has even become the base for the FDA-approved epilepsy drug Epidiolex.

CBD isn’t only useful for treating seizures, though; advocates believe it could help alleviate pain, reduce inflammation, increase appetite, and promote a sense of well-being. As of now, however, CBD’s approved medical applications remain relegated to seizure activity.

Typically derived from hemp, CBD has spent years in the closet of beneficial compounds due to regulations and restrictions placed on marijuana. Based almost entirely on propaganda, the corporate drug companies’ push to criminalize cannabis in the last century was largely effective, labeling hemp users as dangerous and subversive addicts.

After nearly a century of criminalization, hemp was finally declared federally legal in 2018 following the passage of the Hemp Farming Act. The Act stated that hemp plants containing less than 0.3% THC would no longer be considered a controlled substance and would be regulated by the USDA and FDA rather than the DEA. This included extracts of these plants, such as CBD oils and products.

The Hemp Farming Act also carried with it the caveat that states would determine for themselves the regulations surrounding cannabis, including hemp. Unfortunately, this has added to the confusion, with some states refusing to recognize the federal government’s new mandate.

Hemp farmers have, for years, touted the possibilities of hemp cultivation, and it seems the federal government is finally recognizing the truth in what they’ve been saying all along. A resilient and robust plant, hemp grows faster than nearly any other cash crop, making it not just a natural purveyor of medicine but also perfect for the production of goods such as fiber, clothing, and paper.

Rules & Regulations For Purchasing CBD

With so many regulations surrounding CBD, it can be tough to know the best way to purchase CBD oils and products. But, don´t worry, we’ve got you covered.

In the 47 states which have accepted the federal government’s decree to legalize hemp and hemp derivatives, CBD can be purchased with relatively few restrictions. In most of these states, the purchaser need only prove that they are of legal age (18 in most instances), and they can purchase a wide variety of CBD products, from vape pens to tinctures and muscle balms.

The availability of CBD products may be another story, however. Many CBD products are shoddily produced and sold under false pretenses offered up in gas stations and smoke shops. These types of products should be avoided, as they are often riddled with pesticides, may contain THC, or have never been tested at all. It’s always best to purchase from reputable manufacturers who provide results from lab tests.

By and large, many CBD products can be purchased online from manufacturers, though many companies will not ship to states which have not approved hemp cultivation or CBD sales. Additionally, some companies’ websites may require age verification in order to ship products.

Where Can I Buy CBD? Is There an Age Requirement?

In most states, anyone over the age of 18 can purchase CBD oils and products without concern. However, residents of Idaho, Nebraska, and South Dakota, unfortunately, cannot obtain CBD in their states.

CBD can be purchased in many places, including the internet. Health food stores, cannabis dispensaries, and dedicated CBD stores are among the most popular places to purchase CBD, but many companies offer their complete lines of products only through their websites.

In states with medical marijuana programs in place, medical patients can purchase CBD from their local caregiver or dispensary, though these medically-approved CBD products often contain THC as well. In most cases, medical patients are required to be 18 years or older.

Those who live in states with approved recreational cannabis legislation can also purchase hemp-derived CBD products from local dispensaries and stores. Most states require that purchasers of CBD products be 18 years of age; however, recreational cannabis users must be 21 years of age. For this reason, marijuana-derived CBD, which contains THC, is only available to medical patients and those over 21.

It’s an exciting time for cannabis, hemp, and CBD in the US. The advancements in legalization efforts have been incredible, but it has made it a bit confusing to understand local laws regarding CBD. Unless you live in one of the three states which has yet to comply with new federal regulations, the answer to the question “Is CBD legal?” is “Yes.”

CBD oils and products should be readily and easily available to you, if not in stores then online. It’s always crucial to purchase from a reputable manufacturer who proudly displays their lab test results and to double-check the laws in your region before having anything shipped to you. With so many respectable manufacturers out there, it’s always best to play it safe and choose a brand with an excellent reputation and customer reviews.


Where is CBD legal?

CBD is legal in all states and territories except Idaho, Nebraska, and South Dakota. States and territories with medical marijuana programs in place may place additional restrictions on marijuana-derived CBD products.

What states is CBD legal in?

CBD is legal in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, as well as Washington D.C., Guam, Puerto Rico, and the U.S. Virgin Islands

What states allow marijuana-derived CBD for medical purposes?

Marijuana-derived CBD (as opposed to hemp-derived CBD) is available to medical patients in Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, as well as the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands.

What states allow marijuana-sourced CBD for recreational purposes?

Marijuana-derived CBD can be purchased for recreational purposes in Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Montana, Nevada, New Jersey, New York, Oregon, Vermont, Virginia, and Washington, as well as Washington D.C. and Guam.

The information provided is for informational purposes only. We do not claim to treat or cure any health ailment or condition. Please consult your doctor or healthcare provider before trying any new product. We are not responsible for any adverse reaction(s) you may have to any of the products featured on this site. See our T & C for more information.

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