Is CBD Legal? Full Guide to CBD Laws by State

Deep in the shadows, a question has been gnawing at the minds of many: Is CBD legal? The buzz surrounding the health benefits of this compound has reached a fever pitch, but the legality of it all is shrouded in mystery.

Cannabis and its derivatives have been used for centuries for medicinal and recreational purposes. But in recent years, the spotlight has been on CBD, with people hailing it as a natural remedy for all sorts of health problems. But before you pop a CBD-infused gummy or place a few drops of CBD oil under your tongue, there's one burning question you need to ask: Can you get in trouble with CBD?

The answer to this question is far from simple. The legality of CBD depends on a range of factors, including state and federal laws, the source of the CBD, and how the product is marketed. Whether you're vaping, eating, or simply adding a few drops of CBD oil to your daily routine, the legal waters surrounding this compound can be murky and difficult to navigate.

Today, we'll dive headfirst into the world of CBD legality and uncover the truth about where it stands in the United States. We'll explore the complex web of rules and regulations that determine CBD's legality, and we'll also examine the history of cannabis plants and how it has shaped the current legal landscape.

So, are you ready to unravel the mystery surrounding CBD? Keep reading, and we'll guide you through the legal maze to find out if CBD is truly legal and if you can get in trouble for using it.

History of the Cannabis Plant

Hold on to your hemp hats, folks, because we’re about to take a ride into the wild history of cannabis in America. 

You see, from colonial days to the present day, the story of hemp laws and hemp-derived CBD products is filled with drama, tension, and government propaganda.

Believe it or not, hemp has been around since the earliest colonial days, with some colonies mandating farmers to grow the stuff. 

George Washington himself grew hemp at Mount Vernon. What’s more, cannabis was listed in the United States Pharmacopeia for medicinal purposes from 1850 to 1937. So, what happened?

Well, in the early 1900s, attitudes toward cannabis started to shift. Racist ideas began to spread, associating cannabis with immigrants and people of color. By the 1930s, government drug warriors (enter Harry Anslinger) began using propaganda and conspiracy theories to whip up public fear about the plant. And with the Marihuana Tax Act of 1937, hemp was effectively banned.

But that was just the beginning of a long and complicated history of cannabis in America. It turns out that several laws continued to target marijuana, such as the Boggs Act of 1951 and the Narcotics Control Act of 1956, which imposed harsher penalties on cannabis-related offenses. 

By the Nixon years, the Controlled Substances Act of 1970 made marijuana illegal, which also impacted hemp. As a result, hemp was caught in the crosshairs of the War on Drugs, and it remained largely prohibited until the passage of recent legislation.

You see, thanks to the 2018 Farm Bill, hemp has been restored to its rightful place as a legitimate agricultural commodity. This means it’s legal to grow and sell. Of course, there are still legal hurdles to navigate, especially when it comes to products containing hemp-derived cannabinoids. But the bottom line is, we’ve come a long way.

How Has the Legal Status of Cannabis Impacted the Hemp Industry?

For starters, it’s allowed for the rise of the CBD industry. With the legalization of hemp, companies have been able to extract CBD and use it in a wide range of products, from oils and tinctures to gummies and skincare.

But let's be real, things aren't all sunshine and rainbows for the hemp industry. Even though it's legal to grow and sell hemp, there's still a lot of confusion and misinformation out there. Many people still associate hemp with marijuana, and there are still laws and regulations that need to be ironed out. 

Marijuana vs Hemp 

While hemp and marijuana may look like two peas in a pod, they're separate plants belonging to the same Cannabaceae family. Let’s dive into what sets these two remarkable plants apart.

What Is Hemp? 

In the U.S., hemp is defined as Cannabis sativa L. plants containing 0.3% THC or less. This legal threshold is crucial because it distinguishes hemp from marijuana.

But the cannabis sativa plant is much more than just a legal distinction. Its stalks can be used for creating fabrics and paper, while its seeds can be pressed to produce hemp seed oil. However, it's the hemp flower that's making waves these days, thanks to the potential benefits of CBD. Hemp-derived CBD products have exploded in popularity, with everything from oils and tinctures to gummies and self-care products.

The power of CBD, the compound found in hemp flowers, is undeniable. And with the growing body of research indicating that CBD may offer a wide range of benefits, from producing calming effects to reducing unwanted symptoms, it's no wonder that people are flocking to try it out. So, whether you're looking for a natural way to manage stress or simply want to explore the amazing potential of the hemp plant, there's never been a better time to discover the world of hemp-derived CBD.

What Is Marijuana? 

First things first, folks tend to mix up "marijuana" and "cannabis" as if they were the same thing, but in reality, cannabis is a much broader term that covers the entire family of plants to which both marijuana and hemp belong.

With that said Marijuana is a type of cannabis plant that typically contains higher levels of THC, a compound that interacts with the body's endocannabinoid system. Compared to CBD, another cannabinoid found in cannabis, THC levels in marijuana are generally much higher.

Marijuana can be classified into different strains, such as Sativa and Indica, based on their chemical composition and effects. Sativa strains typically contain higher levels of THC and lower levels of CBD, while Indica strains have a more balanced ratio of THC to CBD.

Now, Marijuana can be consumed in various forms, including dried flowers, oils, tinctures, and edibles. Some people use marijuana for medicinal purposes, while others use it for recreational purposes. Despite being classified as a Schedule I drug by the federal government, many states have legalized marijuana for medical and/or adult use.

When it comes to marijuana and hemp, the biggest difference between the two is their cannabinoid content. And when it comes to the most well-known cannabinoids, CBD and THC, there are some unique differences to explore. So let's dive in and get a better understanding of what sets these two apart!

What Is the Difference Between THC & CBD?

CBD and THC are the two most popular cannabinoids found in the cannabis plant. Although they have a similar chemical makeup, they interact with our bodies in different ways.

For starters, THC, which is found in higher levels in marijuana, can bind to the main cannabinoid receptors in our brain because it has a similar chemical structure to anandamide, a cannabinoid that our body naturally produces. This interaction can cause the "high" sensation that people associate with using marijuana recreationally.

On the other hand, CBD doesn't create the same high sensation as THC. While experts are not exactly sure how CBD interacts with receptors, they believe that it binds differently to THC and may increase the effects of other cannabinoids. 

Some studies have also suggested that CBD may bind to other receptors in our body that we haven't discovered yet. This means it doesn't cause the same feeling of being "stoned" or "high”.

Is CBD Legal in all 50 States? 

With the passing of the 2018 Farm Bill, the cultivation, processing, and selling of hemp and hemp-derived products are now legal. However, this does not necessarily mean that CBD is legal in all 50 states.

You see, the 2018 Farm Bill legalized the cultivation of hemp on a federal level, as long as it contains no more than 0.3% THC. And as we mentioned above, THC is the psychoactive compound found in marijuana that causes a “high.” This means that CBD products derived from hemp and containing no more than 0.3% THC are legal on a federal level. 

But hold your horses! This doesn't mean that CBD is legal in every state. 

However, while the federal government has legalized hemp and CBD, individual states have the right to set their own laws regarding CBD products.

Some states have followed the federal government's lead and legalized hemp and CBD, while others have opted to prohibit it completely.

Which U.S States Have Banned CBD? 

While the 2018 Farm Bill gave the green light for hemp on a federal level, individual states can still make their own rules and regulations when it comes to hemp and CBD.

Some states have followed the feds' lead and legalized CBD, but others have decided to give it a hard pass. Idaho, Nebraska, and South Dakota are among the states that have strict stipulations regarding the possession, use, or sale of CBD products, regardless of their THC content.

In other states, CBD products are legal but with certain conditions attached. For instance, some states require a doctor's prescription for CBD, while others allow it to be sold over the counter. Certain states also require that CBD products be produced within their borders to be legal.

Before buying any CBD product, it's important to research the laws in your state to avoid getting into any legal trouble. Plus, you'll want to make sure that you're using safe and legal products that won't get you in hot water.

Where Is CBD Legal in the US? 

You'll be glad to know that in most states across the US, CBD is legal as long as it meets certain criteria, such as containing no more than 0.3% THC and being produced within the state. 

So if you're wondering where CBD is currently legal, here's a quick rundown: states like California, Colorado, and New York have legalized both medicinal and recreational use of CBD, while others like Texas and Florida have legalized it for medical use only. 

However, it's important to note that the laws around CBD can vary from state to state, so it's always best to check your local regulations before purchasing or using CBD products.

For a more in-depth overview of where CBD is legal in the US, check out our list below:

• Alabama: You can use CBD oil with a medical cannabis license, but it can't have more than 0.3% THC.
• Alaska: It's fully legal, so enjoy that CBD!
• Arizona: It's fully legal, so enjoy that CBD!
• Arkansas: You can use CBD oil with a medical cannabis license, but it can't have more than 0.3% THC.
• California: CBD edibles made from hemp aren't allowed, but cannabis-based CBD edibles are (although that might change soon).
• Colorado: It's fully legal, so enjoy that CBD!
• Connecticut: It's fully legal, so enjoy that CBD!
• Delaware: You can use CBD oil with a medical cannabis license, but it can't have more than 0.3% THC.
• Florida: You can only use CBD oil made from hemp.
• Georgia: You can use cannabis-based CBD oil with a medical cannabis license, but it has to have equal parts THC and CBD, and the THC can't be more than 5%
• Hawaii: You can only use CBD oil made from hemp.
• Idaho: Certain varieties of CBD are legal as long as they don't have any THC in them.
• Illinois:  It's fully legal, so enjoy that CBD!
• Indiana: All varieties of CBD are legal as long as they don't have more than 0.3% THC.
• Iowa: You can use CBD oil with a medical cannabis license, but only for a limited number of conditions.
• Kansas: All varieties of CBD are legal as long as they don't have any THC in them, and medical CBD oil is legal with a license as long as it doesn't have more than 5% THC.
• Kentucky: You can only use CBD oil made from hemp.
• Louisiana: You can use cannabis-based CBD oil with a medical cannabis license for specific conditions.
• Maine: It's fully legal, so enjoy that CBD!
• Maryland: You can use cannabis-based CBD oil with a medical cannabis license for specific conditions.
• Massachusetts: You can use oil with more than 0.3% THC if you're 21 or older, or if you have a medical cannabis license and you're between 18 and 20.
• Michigan: It's fully legal, so enjoy that CBD!
• Minnesota: You can use cannabis-based CBD oil with a medical cannabis license for specific conditions.
• Mississippi: You can use cannabis-based CBD oil with a medical cannabis license, but it has to be from the University of Mississippi and can't have more than 0.5% THC.
• Missouri: You can use CBD oil with a medical cannabis license, but there are no qualifying conditions.
• Montana: It's fully legal, so enjoy that CBD!
• Nebraska: You can only use CBD oil made from hemp, cannabis is illegal even for medical purposes.
• Nevada: It's fully legal, so enjoy that CBD!
• New Hampshire: You can use cannabis-based CBD oil with a medical cannabis license for specific conditions.
• New Jersey: It's fully legal, so enjoy that CBD!
• New Mexico: You can use cannabis-based CBD oil with a medical cannabis license for specific conditions.
• New York: It's fully legal, so enjoy that CBD!
• North Carolina: You can use cannabis-based CBD oil with a medical cannabis license, but the program is limited to a small subset of patients.
• North Dakota: Cannabis-derived CBD oil is legal with a medical cannabis license, but only for specific conditions.
• Ohio: Cannabis-derived CBD oil is legal with a medical cannabis license, but only for specific conditions.
• Oklahoma: Cannabis-derived CBD oil is legal with a medical cannabis license, and there are no qualifying conditions needed.
• Oregon: It's fully legal, so enjoy that CBD!
• Pennsylvania: CBD oil exceeding 0.3% THC is legal with a medical cannabis license, but only for specific conditions.
• Rhode Island: CBD oil exceeding 0.3% THC is legal with a medical cannabis license, but only for specific conditions.
• South Carolina: CBD oil exceeding 0.9% THC is legal with a medical cannabis license, but only for a very restrictive list of qualifying conditions.
• South Dakota: Medical and recreational cannabis products are illegal, but a ballot measure was proposed in 2020 to change this ruling. However, it was overturned by the Supreme Court.
• Tennessee: CBD oil exceeding 0.9% THC is legal with a medical cannabis license, but only for a very restrictive list of qualifying conditions.
• Texas: Low-THC (up to 1%) CBD oil is available for patients with qualifying conditions.
• Utah: Cannabis-derived CBD oil is legal with a medical cannabis license, but only for specific conditions.
• Vermont: It's fully legal, so enjoy that CBD!
• Virginia: It's fully legal, so enjoy that CBD!
• Washington: It's fully legal, so enjoy that CBD!
• West Virginia: Cannabis-derived CBD oil is legal with a medical cannabis license, but only for specific conditions.
• Wisconsin: Cannabis-derived CBD oil is legal with a medical cannabis license, but only for specific conditions.
• Wyoming: Hemp-derived CBD oil is the only type of CBD oil that is legal.

Despite the varying laws across different states, the CBD industry is booming. People are turning to CBD products to help alleviate a range of conditions, including anxiety, pain, and insomnia. And with the availability of different forms like oils, tinctures, gummies, and topical creams, there's something for everyone!

When shopping for CBD, you'll want to make sure that you choose a trustworthy brand that's transparent about the source of their hemp and the extraction process used to make the product. You should also check the THC content to ensure that it falls within the legal limit of 0.3%.

While the legal status of CBD may vary depending on where you live, the demand for high-quality products is only increasing. By doing your homework and following state laws, you can safely and legally use CBD products to help improve your health and well-being.

But what about traveling with CBD? 

Can I Fly With CBD From State to State?

If you're planning to fly with CBD, you need to research the laws of both your departure and destination states. The Transportation Security Administration (TSA) policies also come into play. 

The TSA considers some CBD oil and marijuana illegal under federal law, except for CBD products that contain less than 0.3% THC on a dry weight basis or are FDA approved.

To sum it up, you can fly with hemp-derived CBD products that comply with the regulations defined by the Agriculture Improvement Act of 2018, but it's important to be cautious. Always purchase CBD products from reputable companies that have their final products third-party tested to ensure they comply with the regulations. Although the TSA's new guidelines seem promising, flying with CBD still has risks. So, do your research, and fly with caution.

Now, You might be wondering, with CBD being a non-intoxicating cannabinoid, why are there so many rules and regulations surrounding its legality?

Is CBD Considered a Drug? 

Well, it's a bit of a gray area. CBD isn't considered a drug in the traditional sense because it doesn't cause any intoxication or addiction like many other drugs do. 

You see, the federal government has approved a CBD-based medication called Epidiolex for specific forms of epilepsy. So, in certain cases, CBD can be classified as a drug.

But don't worry, there's a silver lining. The FDA has given the green light to Epidiolex, a medication that uses purified CBD from hemp, to treat rare seizure disorders. It's a breakthrough for those who suffer from these conditions, and it proves that CBD has real medicinal potential.

It's important to know that not all CBD products are approved by the FDA, which means you need to do your research and speak with a healthcare provider before using any CBD products. To ensure you're getting safe and high-quality products, make sure to only buy from reputable companies that have their final products third-party tested to ensure they follow the regulations.

Buying High-Quality CBD Products From a Reputable CBD Brand 

At Highline Wellness, we believe that buying from a reputable CBD brand is crucial when it comes to purchasing legal CBD products. As a company, we understand the importance of providing customers with high-quality CBD products that are not only safe but also effective.

One of the main reasons why it's important to choose a reputable CBD brand is that the industry is currently unregulated. As a result, many companies can make false claims about the quality of their products. This is why we take great care in sourcing only the best hemp-derived CBD that has been cultivated using the best farming practices.

Furthermore, our CBD products are all formulated in a Good Manufacturing Practices (GMP) certified facility. This means that we adhere to strict guidelines and standards set by the FDA, ensuring that our products are of the highest quality.

But we don't stop there. At Highline, we are very adamant about third-party lab testing. This means that all of our products, including our high-quality CBD oils, are thoroughly tested to ensure that they are free from harmful contaminants and safe to consume.

Buying from a reputable CBD brand like Highline Wellness not only ensures the safety and efficacy of your CBD products but also contributes to the overall development and regulation of the CBD industry. By supporting companies that prioritize quality and safety, you are helping to create a demand for more transparent and trustworthy products.

The Future of CBD’s Legality 

As we conclude, the Farm Bill implementation has opened the floodgates for a wide range of hemp-derived products, with CBD taking center stage. Its demand has skyrocketed, particularly in the medical and nutritional fields, thanks to its remarkable health benefits and disease-fighting capabilities.

CBD's potential in the medical field is immense, with ongoing studies exploring its effectiveness in combating neuropathic diseases. As research continues, we can only expect more groundbreaking discoveries and advancements in CBD's therapeutic potential.

With CBD's increasing popularity and its legal status, it is no doubt that more CBD products and research will emerge in the coming years. As we look to the future, one thing is clear - the CBD revolution is here to stay, and it's only just getting started.

In addition, choosing a reputable CBD brand also provides you with peace of mind. You can trust that you are getting what you paid for and that you are not putting yourself at risk of harmful side effects. This is especially important if you are using CBD for medicinal purposes.

At Highline Wellness, we are committed to providing our customers with the best possible CBD products. We believe in the power of CBD and the positive impact it can have on people's lives. That's why we take every step necessary to ensure that our products are safe, effective, and trustworthy.

As always, don't hesitate to Contact Us and our team can help if you have any questions or concerns. We're here to assist you in any way we can!