Every U.S. state allows for the use of cannabis in some form, but each state’s laws are different. For example, Washington state law allows residents to legally consume CBD oil for recreational purposes, whereas South Dakota state law categorizes CBD as a Schedule IV controlled substance and allows citizens to use CBD only in forms that are approved by the Food and Drug Administration, e.g., Epidiolex.
America’s relationship with cannabis is complicated. According to federal law, cannabis — including CBD — is still predominantly illegal, although there are exceptions. Even with the continuing federal prohibition of cannabis, most U.S. states have enacted their own cannabis-related laws. As such, CBD oils reside in a legal grey area.
Hemp vs. Marijuana
It depends. In terms of federal law, the legality of CBD oil depends largely on where the CBD came from and where it is being used, so it is important to understand some cannabis fundamentals.
Both industrial hemp and marijuana are members of the cannabis family, but they are treated differently under federal law. Industrial hemp, as defined by the federal government, is cannabis that contains less than 0.3% THC by weight. Marijuana is defined as any cannabis that contains more than 0.3% THC by weight.
Although cultures around the world have used cannabis for centuries, Americans are just now beginning to understand what cannabis and the chemical compounds in it do to the human body. Cannabidiol (CBD) oil, in particular, has become wildly popular for its alleged health benefits, but is CBD oil legal?
There are some exceptions on a state level, but if the federal government ever wanted to convict someone for using marijuana, it could.
Working through the endocannabinoid system, CBD offers a wide variety of benefits on the human body. It’s used to regulate the stress response, promote sleep, regulate metabolism, and even reduce the transmission of pain signals headed to the brain.
There’s no better example of states exercising their right to challenge federal laws than in the realm of cannabis laws.
The Major Differences Between Marijuana & Hemp
These states allow citizens to buy hemp-derived products but there are some caveats.
But the landscape is continually changing, each state has its own laws to work out in response to this federal change — and some are much slower than others.
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.
Cannabinoids are classified by their ability to interact with a specialized system of receptors and hormones in the body aptly named the endocannabinoid system. End– meaning “inside the body”. Conversely, cannabinoids that come from plants such as cannabis are called phyto-cannabinoids.
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.
In addition to these states, sever other states have legalized medical marijuana:
Is CBD Legal in the U.S.?
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.
Marijuana legality varies by state, as does CBD legality.
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.