With the increasing research on the health benefits of Hemp Seed oil or CBD oil, people are curious to know about its legality in the USA. Is CBD oil legal in all 50 states? Or is it regulated by few states. These are the most frequently asked questions. To look for the legality of the CBD oil in all 50 states lets go into the details of the Hemp Farming Act of 2018. The act removed Hemp as a schedule 1 controlled substance, meaning it made Hemp legal in all 50 states.
But wait there is more to this act. The legality is dependent on the source of the CBD. The act specifies that extracts with less than 0.3% of THC to be classified as Legal CBD while the extracts containing more than 0.3% of THC still remains Illegal. CBD extracted from Hemp cannabis sativa contain low THC and is mostly legal across the states, however “marijuana” derived CBD contain higher concentrations of the THC and this is illegal as per the Hemp Farming Act of 2018.
So, is CBD legal in all 50 states?
The answer is ‘yes’ with applicable conditions
CBD is legal in all states as a prescription drug, but illegal as a medication for any other purpose other than for epilepsy. It is also legal as a diet supplement
Hemp derived CBD which contains less than 0.3% THC is legal in 49 states. The states are listed below.
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Alabama |
Georgia |
Massachusetts |
New Mexico |
South Dakota |
|
Alaska |
Hawaii |
Michigan |
New York |
Tennessee |
|
Arizona |
Illinois |
Minnesota |
North Carolina |
Texas |
|
Arkansas |
Indiana |
Mississippi |
North Dakota |
Utah |
|
California |
Iowa |
Missouri |
Ohio |
Vermont |
|
Colorado |
Kansas |
Montana |
Oklahoma |
Virginia |
|
Connecticut |
Kentucky |
Nebraska |
Oregon |
Washington |
|
District of Columbia |
Louisiana |
Nevada |
Pennsylvania |
West Virginia |
|
Delaware |
Maine |
New Hampshire |
Rhode Island |
Wisconsin |
|
Florida |
Maryland |
New Jersey |
South Carolina |
Wyoming |
States where the CBD is still considered illegal?
Only the state of Idaho still considers CBD illegal.
As of Sept 2020 the state of Idaho still considers CBD as Illegal. The state share the borders with Nevada/Washington/ UTAH and Oklahoma where the CBD is either fully legal, even for recreational purpose or at least permitted for Medical use.
In the state of Nebraska, CBD oil is treated in the same manner as they would a narcotics investigation. However, as per the farm act 2018 crossing borders with CBD with THC below 0.3% is legal. CBD purchased for any other purpose other than FDA approved Epidiolex is illegal here. Similarly the state of South Dakota made use of CBD containing the THC below 0.3% legal in March 2020.
Although the Hemp farm bill has legalized the CBD, however there are still very confusing legislation with respective states. The states have different regulations governing hemp and CBD. In some stated it is fully legal even for recreational purpose, in few states it is only legal for medical use, only approved under USFDA.
It is advisable to check for the local laws before purchasing the hemp oil extract based products. But the bottom line is, Hemp is legalized in the US and the laws are being relaxed in favor of the health benefits offered by hemp and CBD oil.