CBD produced from the marijuana plant is not legal federally. While CBD produced from the hemp plant is legal in all 50 states. Both types of CBD regardless as to what plant they were derived from are the same. Both are from the cannabis family and their CBD chemical profile is identical.
Federal laws states that “hemp” CBD which contains less than 0.3% THC is legal nationwide.
Most CBD produced today come from the hemp plant as it usually contains a much higher percentage of CBD. Cannabis plants have a low percentage of CBD and a higher level of THC. Making CBD products from the marijuana plant is more costly to produce. Higher costs are attributed to the extraction method required in removing the THC to make CBD and keep it within the legal 0.3% limit.
Legally speaking CBD processed from hemp is legal whereas CBD made from the marijuana plant with high levels of THC is only legal if your state has legalized marijuana.
What States is CBD legal in?
With the passing of the 2018 Farm Bill, CBD with zero level THC is not illegal in any of the states in the USA. Unfortunately it’s not that clear and simple. Below we categorize all 50 states into 4 zones.
With the passing of the 2018 Farm Bill hemp was removed from the Schedule I controlled substance list. This is turn makes CBD with zero level THC legal in all of the states in the USA. Below we categorize all 50 states into 4 zones, with the current conditions pertaining to their acceptance of CBD.
These states have explicit laws allowing retailers to sell industrial hemp-derived products.
These jurisdictions include: Alaska, Colorado, Illinois, Indiana, Kentucky, Maryland, Missouri, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, and Wisconsin.
These states allow industrial hemp grown in a Farm Bill-compliant agricultural pilot program as explicitly exempted from the definition of marijuana.
These states include: the District of Columbia, Hawaii, Kansas, Montana, New Mexico, North Dakota, and Oklahoma.
Middle Ground States
These states have expressed laws against the retail sale of industrial hemp-derived CBD products. But they have exemptions in the law for the argument that hemp-derived CBD products are legal.
These states include: Arkansas, Delaware, Florida, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Texas, Virginia, and Washington.
States with some Worry
These states have no declared laws against the sale of industrial hemp-derived CBD products. However, recent law enforcement actions raise the risk of the retail sale of industrial hemp-derived CBD products.
These states include Alabama, Arizona, California, Connecticut, Michigan, Nebraska, Nevada, Ohio, South Dakota, West Virginia, and Wyoming.
Legal CBD with Limitations
Yes, it is legal to purchase and consume hemp-derived-CBD in all 50 states.
Marijuana derived CBD is not legal federally, unless you are in a state that has legalized marijuana. But don’t forget you cannot transport cannabis between state lines.
The federal government categorizes “hemp” as any plant of the cannabis family that contains less than 0.3% THC.
It categorizes “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.
The Farm Bill is not an entirely free law in which individuals and businesses can sell or grow hemp whenever they want. Section 12619 of the Farm Bill removes hemp derived products from Schedule 1 status. The Farm Bill guarantees that any cannbinoid which is derived from the hemp plant will be legal if and only if that hemp is produced in a manner consistent with the Farm Bill.
Under federal law all other cannbinoids produced in any manner remain a Schedule I substance and are illegal. The states that have allowed medical or recreational use will continue to represent laws related to industrial hemp. Consumers still need to do their legal research in regards to the product and the producer they are purchasing from.