Is CBD legal in all states?

by Edward J. Ross

CBD legal

Almost everyone makes use of CBD in this modern era. Despite its usage controversies, its benefits have come a long way in making it a household name today. CBD is hemp-derived and can reduce vomiting for patients with cancer, provide relief for epileptic patients by reducing seizures, help relieve aches, etc.

With every symptom of sickness, this medical marijuana can help you out in one way or the other. Due to the wide variety of its usage, the question of if CBD is legal in your state becomes paramount. This question kept bugging me, especially when I found that the 50 states have respective laws guiding them and with age restriction. So it is not unusual that the same question bugs you too.

Is There a Difference Between Hemp Plants And Cannabis Plants?

The cannabis plant comprises many varieties, but the hemp plant and marijuana are the closest derivatives you could get from it. For hemp plants, the THC content is lower than other derivatives. You should note that hemp plants come from the Cannabis Sativa plant, so it's a derivative from it. Also, the U.S. had made hemp growing illegal since 1930, but many complications have come up to distort the illegality of hemp products in recent times.

Why Is There So Much Confusion About Cannabis Products?

From the Cannabis plant, about 100 varieties of cannabinoids can be obtained. One of these products is the CBD; it occurs naturally and is extracted from the plant. It is a known fact that the use of CBD is not psychoactive. After its usage, you'll still be able to do things you would normally do. Also, you will become focused, relaxed, and very calm, unlike the other varieties.

CBD is derived from marijuana or hemp and the different cannabis varieties vis-à-vis Cannabis Sativa, Cannabis Indica, and Cannabis Ruderalis. All this can produce our favorite hemp-derived CBD but in different concentrations. The different cannabis variety makes up for confusion in the cannabis family.

How Can You Differentiate Between Hemp and Marijuana?

Marijuana and hemp are two distinct derivatives; hence they don't belong to the same family. The difference between hemp and marijuana derived CBD is the amount of THC present in the cannabis plant. Any cannabis with 0.3% THC content is seen as hemp, and anyone with THC that exceeds 0.3% is termed marijuana plants.

Clear Picture of the Background History Regarding CBD Use in the U.S. 

Prior to 20th Century

Among the earliest crops grown in the U.S., hemp was a major plant grown by farmers. Some people made use of its fibers to create materials like rope, cloth, etc.

The 20th Century

Medicinal marijuana has become very potent, now more than ever. It has become useful as pain relief, reduced vomiting for nausea patients, etc. As we have diverse diseases, medicinal marijuana also provides relief for every pain in your body.

The Year 1937

Despite the numerous benefits CBD provides, the federal government placed a ban on its usage this year.

The Year 1970

The Controlled Substances Act was created as a replacement for the one of 1937. This new law strengthened the former and ignored that CBD has a lot of benefits to offer.

The Year 1990-2010

A lot of people began advocating for hemp and marijuana to be legalized in all states. California, in 1996, gave legalization first for the cultivation of the plant.

The Year 2014

The government set up a Farm Bill in the year 2014 to allow people to grow hemp on an industrial level. This industrial production would make up for a higher amount of CBD and hemp production.

The Year 2018

Another bill was passed, known as the 2018 farm bill, which signified a total change in the production and cultivation of cannabis plants. People now assume that seeing as the bill accounts for legalization, it has made CBD legal in all states. But this is not so as there are states in the United States where you can't use CBD legally.

The Hemp Plant Act 2018

Remember the Controlled Substances Act (CSA) we mentioned earlier and how it's disadvantageous to those who cultivate hemp. The Hemp Plant Act, otherwise known as the Farm Bill 2018, has canceled out the CSA. The drug enforcement has accepted that all hemp-derived plaints with 0.3% THC be federally legal.

This bill allows for hemp owners in the U.S. and other states to mass-produce hemp and lighten all the allowances for use, amongst others. The law enforcement officials regulating hemp usage is now the U.S. Department of Agriculture based on news. State hemp is now federally legal, and the hemp derivatives like CBD oil also have this legal backing in all 50 states.

What Forms of CBD Are Legal?

The Hemp Plant Act 2018, also known as the Farm Bill, gives the FDA the right to regulate all cannabis containing and derived compounds, CBD inclusive. This right to regulate all cannabis products is found under the Act of the Public Health Service and the Act for Federal Food, Drug, and Cosmetic.

According to the news, all products that fall within this jurisdiction have to go through them first. Currently, cannabidiol CBD is still being observed by the FDA, but it is against federal laws for CBD to be added to food. It is also against federal laws for CBD to be used as a dietary supplement during the interstate shuttle.

Current Federal and State Laws Regarding CBD Usage

Federal Laws

The farm bill is well written and has addressed nearly all confusion that arises, and makes people stay away from using the CBD. Now, the farm bill has removed all hemp and hemp derivatives from the substance controlled act. Also, the DEA is no longer in the business of arresting anyone who flaunts state law. More power has been given to the FDA for regulation seeing as most people would likely have abandoned CBD for something else if they can't get their fix.

State Laws

CBD has been counted legal based on federal laws, but does it apply to the state? Different states have different laws, and you might assume this works for all states in the United States. A clear picture of the states and their stand on CBD usage is present in the analysis below.

Is CBD Legal in All 50 States?

Here is an illustration showing the different states, the legality of CBD, and any impediments in its usage.

  1. Alabama-Yes, it is legal, and there are no impediments based on state and federal law.
  2. Alaska-Yes, it is legal, but it is not allowed in CBD infused foods/ beverages.
  3. Arizona-Yes, it is legal and not allowed in food or beverages.
  4. Arkansas-Yes, it is legal and not allowed in food or beverages.
  5. California-Yes, it is legal and not allowed in food or beverages.
  6. Colorado-Yes, it is legal and not allowed in baked items.
  7. Connecticut-Yes, it is legal, and food or beverage has to be registered.
  8. Delaware- Yes, it is legal, but hemp growers must be affiliated with Delaware University
  9. Florida- Yes, it is legal but needs regulated labeling.
  10. Georgia- Yes, it is legal, but no food/ beverage allowed
  11. Hawaii- Yes, it is legal, and there are no impediments
  12. Idaho- No, it is not legal
  13. Illinois- Yes, it is legal, and there are no impediments
  14. Indiana- Yes, it is legal but needs regulated labeling
  15. Iowa- No, it is not legal
  16. Kansas- Yes, it is legal, but no food/ beverage allowed
  17. Kentucky- Yes, it is legal, but CBD tea is prohibited
  18. Louisiana- Yes, it is legal, and there are a lot of impediments in its use
  19. Maine- Yes, it is legal, but the hemp grower must be licensed in Maine
  20. Maryland- Yes, it is legal, but no information on the impediments
  21. Massachusetts- Yes, it is legal but requires testing
  22. Michigan- Yes, it is legal, but food/ beverage is not allowed.
  23. Minnesota- Yes, it is legal, but food/ beverage is not allowed
  24. Mississippi- Yes, it is legal, but the CBD-THC ratio should be 20:1
  25. Missouri- Yes, it is legal, but for 18+ only, state registration is required.
  26. Montana- Yes, it is legal, but no food/ beverage is allowed.
  27. Nebraska- Yes, it is legal, but no food/ beverage is allowed
  28. Nevada- Yes, it is legal, but sales are only allowed in cannabis stores.
  29. New Hampshire- Yes, it is legal, and regulations are soon coming.
  30. New Jersey- Yes, it is legal and no impediment.
  31. New Mexico- Yes, it is legal and no impediment.
  32. New York- Yes, it is legal, and no food/ beverage allowed.
  33. North Carolina- Yes, it is legal, and no food/beverage is allowed.
  34. North Dakota- Yes, it is legal and no impediment,
  35. Ohio- Yes, it is legal and no impediment.
  36. Oklahoma- Yes, it is legal and no impediment.
  37. Pennsylvania- Yes, it is legal, and no food/ beverage is allowed.
  38. Rhode Island- Yes, it is legal, and regulations for labels are coming soon.
  39. South Carolina- Yes, it is legal, but no food/beverage allowed.
  40. South Dakota- No, it is not legal.
  41. Tennessee- Yes, it is legal and no impediment.
  42. Texas- Yes, it has legal status and no impediment.
  43. Utah- Yes, it is legal but must be registered before any attempt is made to sell.
  44. Vermont- Yes, it is legal and shouldn't be combined with meat or dairy products.
  45. Virginia- Yes, it has legal status and no impediment.
  46. Washington DC- Yes, it is legal, and no food/beverage allowed.
  47. West Virginia- Yes, CBD is legal, and no food/beverage is allowed.
  48. Wisconsin- Yes, CBD is legal, and no food/ beverage is allowed.
  49. Wyoming- Yes, CBD is legal, and no impediments

Conclusion

You should confirm with a lawyer or go yourself to the constitution pertaining to the new laws regarding CBD possession. Be you a producer, retailer, consumer, etc.; try to always be in tune with laws as they are subject to change at any point in time. However, of the 50 states, CBD can be consumed everywhere except in Idaho, Iowa, and South Dakota as of the later months of 2019.

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