While CBD is growing in popularity, the legalization surrounding it varies, depending on your location.
In the United States, the rules around this compound vary from state to state, and depend on the concentration of THC in the product, leaving consumers in a gray area when it comes to buying CBD products.
In this blog, we’ll explore this topic in more detail to provide you with the must-have CBD information.
Is CBD legal in every state?
Currently, 47 out of 50 U.S. states have legalized the sale and use of hemp-derived CBD. But there are restrictions on which CBD products can be sold in certain states. The following states have no restrictions on CBD products being sold:
- Alabama
- Hawaii
- Illinois
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Virginia
- Wyoming
The following states do have certain restrictions on CBD products. These restrictions only apply to recreational CBD, and medical marijuana cardholders may have different restrictions.
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Indiana
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Maryland
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- North Carolina
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Washington
- West Virginia
- Wisconsin
Hemp-based CBD oil and similar hemp products are completely legal in most states, but marijuana-based CBD is not, so checking the packaging of the products you buy is essential to stay on the right side of the law.
Which states consider CBD to be illegal?
There are two U.S. states which have laws prohibiting the sale and consumption of CBD products. These are Idaho and Nebraska.
In Idaho, any hemp-derived CBD needs to meet strict criteria to be legal – it needs to have 0% THC, and it has to be classified as ‘not marijuana’ under Idaho Code 37-2701(t). This means that the CBD has to be acquired from certain parts of the hemp plant in order to be legal.
In Nebraska, CBD is technically illegal but hemp-derived CBD was decriminalized in 2019, meaning that this state removed hemp and hemp-derived products from the controlled substances list. For CBD to be sold and used in Nebraska legally, it must contain less than 0.3% THC and adhere to certain manufacturing, testing and delivery regulations. Buying from reliable brands who test their products fully before sale will ensure that the THC level within the product is what is stated on the package.
Note that it is also illegal in any US state for members of the Department of Defense to use or possess any CBD products, or to bring them onto military bases.
When in doubt, it’s best to check with your local government on the legal state of the products you’re using, as regulations can change.
Why is CBD legal but THC isn’t?
THC is the compound in the cannabis plant which elicits a high and has strong intoxicating effects on the user. Cannabis, for this reason, is considered a Schedule I Controlled Substance under federal law.
CBD, however, is not a psychoactive substance and while it does have a calming, soothing effect, it doesn’t produce the same side effects as THC.
In most states, CBD products need to have less than 0.3% THC to be legal, but this does vary from state to state, so it’s worth doing your research into the local legislature when buying CBD products.
To Conclude
With CBD products, you can experience the soothing, restorative effects of the cannabis plant without the intoxicating effect of marijuana. It’s a safer and healthier way to explore the benefits of this unique plant, and it’s a compound that can be used in a range of ways, from topical treatments and skincare to drinks, consumables and in aromatherapy products. CBD is a versatile way to calm the mind, ease anxieties and regain focus, without drowsiness or inebriation.
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