Is CBD Oil Legal in All 50 States?

Posted by Fab CBD on October 14, 2021
Is CBD Oil Legal in All 50 States?

There have been recent shifts in the cannabis laws across America, which has had a knock-on effect on the CBD statutes as well. Unfortunately, these changes have left many vague, grey areas in the clarity of what’s allowed and what’s not. So, we are going to break it down for you.

At the federal law level, CBD oil is legal. But each state is still within its rights to enforce its own regulations and decrees regarding use.

What Is CBD Oil?

CBD, also known as cannabidiol, is an oil drawn directly from the hemp plant and it is the second most common active ingredient found in cannabis (marijuana).

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Marijuana Versus Hemp: What is the difference, and does it matter?

Whilst CBD is a basic component of medical marijuana, it is pulled from the hemp plant, the cousin of the marijuana plant.

Although marijuana and hemp are both members of the cannabis family, their chemical frameworks are notably different. The key disparity is the amount of THC that they contain. This is an important distinction to note because it is the THC that determines whether a product is legal or not in the USA.

THC (Tetrahydrocannabinol) is the key psychoactive element of the cannabis plant, and the main agent responsible for the stimulating high associated with recreational cannabis use.

Marijuana

The marijuana plant naturally produces mid to high levels of THC, known to make recreational users achieve a ‘high’. The plant is listed as a Schedule 1 drug in America, putting it in the same category as hazardous hard-hitters such as fentanyl and heroin. The laws haven’t changed regarding marijuana, on a federal level, for over 80 years.

Marijuana Versus Hemp: What is the difference, and does it matter

Hemp

Hemp isn’t restricted to the same legal restraints as marijuana and has actually been permissible for some time in America.

The hemp plant naturally produces less than 0.3% THC by dry weight. Anything over 0.4% THC is classified as marijuana.

Hemp can now be grown freely across the United States. Most reputable CBD products, like oils, capsules, vapes, gummies, and salves are made using hemp-derived CBD to make the manufacture and distribution process legal.

The Farm Bill

The cannabis plant has had a prolonged and difficult legal history in the United States, but as time is passing, more people are uncovering the medicinal benefits of hemp-derived CBD products and consequently, many legislations and laws are being revoked or amended.

The Farm Bill, instigated in 2014, enabled authorized universities and state agriculture departments to grow and study hemp under restricted conditions. The New Farm Bill was passed in 2018 (also known as the Agriculture Improvement Act of 2018) which saw hemp being removed from the controlled substances list and many former constraints being abolished.

In What States Can I Legally Buy CBD Products?

In America, when the federal government determines a change to certain laws, individual states have the right to honor the new ruling or create their own bespoke legislature to challenge it. This is exactly what happened when the Farm Bill came into force. Some states opted to honor the ruling, allowing citizens to purchase and use CBD products. Conversely, other states enforced their own statutes making possession Illegal.

Recently, many of these states have recanted, allowing the possession and use of CBD in more territories. In fact, there are no longer any states in America banning the use of CBD outright.

Legal States

The list of following states has honored the Farm Bill since its inception which means you are free to purchase, possess, and use hemp-derived products freely, with no restrictions.

Alaska

Colorado

Illinois

Maine

Michigan

Nevada

Oregon

Washington D.C.

Vermont

Washington

Conditionally Legal States

In all conditionally legal states, you may find it harder to buy hemp-derived products locally. Most of these states are currently stuck in a legal grey area whilst they implement or adapt to their ongoing change of law.

CBD-Oil

These states allow residents to buy hemp-derived CBD products but there are some stipulations.

Alabama

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Arizona

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Unclear

Marijuana-sourced CBD for recreational use: Illegal

Arkansas

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

California | Los Angeles

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Legal

The stipulation here is that the California Department of Health prohibits CBD from being used in any food products (including pet food) unless it has been approved by the FDA.

Connecticut

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Delaware

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Florida

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Georgia

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Hawaii

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Idaho

Hemp-sourced CBD: Illegal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Indiana

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Iowa

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Kansas

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Kentucky

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Louisiana

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Maryland

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Massachusetts

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Legal

Minnesota

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Mississippi

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Missouri

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Montana

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Nebraska

Hemp-sourced CBD: Illegal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Cannabis in all forms remains highly restricted in Nebraska. Cannabidiol continues to be defined as marijuana under Nebraska’s Uniform Controlled Substances Act. The only legal exception for CBD here is drugs that have been approved by the FDA.

New Hampshire

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

New Jersey

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

New Mexico

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

New York

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

North Dakota

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Ohio

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Oklahoma

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Oregon

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Legal

Pennsylvania

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Rhode Island

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

South Carolina

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

South Dakota

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Tennessee

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Texas

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Illegal

Marijuana-sourced CBD for recreational use: Illegal

Utah

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Vermont

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Legal

Virginia

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Wisconsin

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

Wyoming

Hemp-sourced CBD: Legal

Marijuana-sourced CBD for medical use only: Legal

Marijuana-sourced CBD for recreational use: Illegal

*The above information is accurate at the time of publication, but you should consult your state’s criminal code for the most current information on the regulation of CBD in your state.

Whilst it is important to ensure that what you are purchasing and using abides by your state laws, it is equally as vital that you know what you are ingesting or putting into your body. All FabCBD products are made from organically grown, lab certified, pure Colorado hemp and therefore you know you are using a CBD product that you can fully trust.

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If you want to find out more about our products or how they can benefit your health and wellness, then do not hesitate to send any questions our way.