In addition to these states, sever other states have legalized medical marijuana:
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.
Is CBD Legal in the U.S.?
There are 17 states called that legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement.
CBD must be legal on both the federal level and the state level in order for it to be legal in your state.
Marijuana legality varies by state, as does CBD legality.
Is CBD Legal in my State?
Some of these states only allow CBD below certain THC levels. CBD and CBD products in Idaho are legal only if they contain zero THC and are derived from the mature stalks of the plant. In Tennessee, possession of CBD products is legal if they contain less than 0.6% THC. In Alabama, the maximum THC level is 0.3%.
In 1970, the Controlled Substances Act was passed in the United States, which banned marijuana from all forms of use, including medical.
In the past, we had a list for illegal states, which included North Dakota, Nebraska, Idaho, and Iowa — but these states have since changed their laws to allow CBD either medicinally or over the counter as a health supplement.
Not All Cannabis Products Are Created Equal
Only in the 1970s did regulators consider the medical applications of the plant and began rolling out medical programs around the country. CBD wouldn’t be recognized as a medicinal agent for quite some time, and regulators saw all forms of the cannabis plant as a drug — including hemp.
The first type of cannabis — marijuana — is what most people think of when they hear the word “cannabis”. These plants are a form of Cannabis sativa that produces mid to high levels of tetrahydrocannabinol (THC) — which is the main psychoactive compound in the plant. The THC is what makes users high.
Legal Status of Hemp-Derived Products State-By-State
The reason CBD has so many uses comes down to its ability to interact with this centrally-regulating endocannabinoid system. This has a trickle-down effect on the rest of the body, assisting in the regulation of other organ systems all around the body.
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.”
Now that hemp is no longer a controlled substance, and CBD comes from hemp, all CBD must be legal, right? Not so fast.
The basics on CBD
CBD has been federally legal since late 2018—if it’s derived from hemp. But that doesn’t necessarily mean it’s legal in your state. We’ve compiled a state-by-state table of CBD laws, below, that will help you gain clarity.
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.