For many years, consumers have been asking “Is CBD oil legal?” as they try to navigate the confusing landscape within the hemp industry. Much of the hesitation surrounding CBD stems from the misconception that it’s considered illegal as a cannabinoid derived from cannabis plants. However, CBD oil is much different than medical marijuana and causes no psychoactive effects, making it widely legal throughout the majority of states.
What the Law Says About Hemp
Hemp was first deemed federally illegal when the Controlled Substances Act passed in 1970, which did not differentiate between varying strains of cannabis like hemp and marijuana plants. The distinction between these strains is rather important considering each one has different concentrations of the psychoactive cannabinoid, THC (tetrahydrocannabinol), which is responsible for the “high” sensation that people experience when using marijuana.
Industrial hemp plants contain less than 0.3% THC, meaning you won’t get high by using hemp derivatives like CBD oil. Because of this, hemp is considered federally legal in the United States following the passage of the 2018 Farm Bill, which opened up many opportunities for the cultivation and production of hemp by American farmers. More specifically, states like Kentucky, Oklahoma, North Carolina and others with hemp pilot programs in place prior to the 2018 Farm Bill are already leading the way with widespread hemp farming and manufacturing.
What Does This Mean for CBD Oil?
Hemp may be federally legal now, but this is not a blanket statement that equates to CBD oil also being legal in every part of the United States. While hemp and its derivatives are no longer viewed as a Schedule I controlled substance, individual states still hold the power to make cannabis laws that override the federal legality of products like CBD oil.
Know Your States’ Laws
Below we’ve categorized all 50 states in one of three classifications: states where all cannabis is legal, states where only CBD oil is legal, or states in which all cannabis, including CBD, is illegal.
Where is All Cannabis Legal?
These 10 states (and the District of Colombia) allow for the use of cannabis for both medicinal and recreational purposes, including everything from THC-free CBD products to psychoactive marijuana buds.