There’s no better example of states exercising their right to challenge federal laws than in the realm of cannabis laws.
As a byproduct of this evolution, supplement companies now have access to hemp as a source of nutritional products — which now falls under the jurisdiction of the Food and Drug Administration (FDA) to regulate as a nutritional supplement.
In some states, such as North Dakota or Minnesota you’ll need a doctor’s approval and licensed medical card in order to buy cannabis products including CBD.
2. Conditionally-Legal States
Because the laws continue to evolve around cannabis, it’s critically important that you pay attention to the local laws in your specific state and check for updates regularly.
The federal government recently passed a bill that clearly differentiated two forms of the cannabis plant — hemp and marijuana — arguing that the hemp variety can’t produce the psychoactive high inherent to marijuana. They crossed hemp off the list of restricted substances, giving people open access to the plant for the first time in over 80 years.
This was followed by changes that included recreational use of all Cannabis products in certain states like Colorado in early 2014. This included both CBD and THC-containing extracts.
In the United States, the change is slow and frustratingly complicated. Cannabis laws are different on a federal level to a state level and can differ significantly from one state to the next. Some states allow the use of CBD with medical approval only, others are completely legal for any reason — you can even buy products at corner stores, gas stations, and even vending machines. It’s not always limited to dispensaries.
Let’s find out and discover if CBD is legal in all states or if some states have still not caught up with CBD and its benefits as a medicine and as a recreational product.
Pennsylvania – Legalized medical marijuana and CBD products that are approved by the FDA.
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Florida – Legalized medical marijuana and CBD products that are approved by the FDA.
Kansas – Legal to use CBD products if approved by the FDA. CBD products below 5% THC levels are also legal for medical use.
Alabama – CBD products approved by the FDA and have less than 0.3% THC levels are legal for recreational use in Alabama.
An Indiana man was overwhelmed with emotion this week when a county court dismissed his case.
But contrary to what these articles suggest, CBD products are not “legal in all 50 US states.” If that were the case, why would Ndiaye be charged with a crime? Why would the Indiana police raid retailers selling the stuff? And why would the Indiana legislature take it upon itself to legalize CBD?
There are certainly CBD producers who source their hemp from cultivators that operate under the Farm Bill. But given how widespread these products are, it’s unlikely that all of them were sourced from research hemp. And state laws on CBD and hemp vary widely. Colorado, which legalized adult-use marijuana in 2012, has a robust industrial hemp program and is home to the first U.S.-bred certified hemp seed. But in Massachusetts, where you can now grow marijuana at home, it’s still a crime to grow hemp without a state license, reported The Boston Globe.
Republican Senator Mitch McConnell announced last month that he would introduce a bill to legalize hemp on the federal level.
The 2014 Farm Bill is often cited as evidence that CBD derived from industrial hemp is now legal. But the legislation legalized only a very narrow set of hemp cultivation activities: It is legal to grow hemp under a state pilot program or for academic research. It is also legal to cultivate under state law “in which such institution of higher education or state department of agriculture is located and such research occurs.”