Throughout 2019, the CBD industry saw progress and growth. However, in 2020, people still have important questions about the legality of CBD.
The easiest way to answer the question is with a “yes,” but there’s more to it than that. Although CBD has been legalized, there are very strict restrictions.
Furthermore, even though recent reforms have made CBD’s legal status more clear, laws aren’t fully defined, and it’s likely that additional laws will have to be introduced. There is also a lot of misinformation floating around. This means that some people have an inaccurate picture of what is and isn’t legal.
Check out the legality of CBD
Has CBD been legalized in every state? That depends on a variety of factors.
The laws regarding CBD are different from one state to the next. However, one of the main factors that determines whether the CBD is legal revolves around where it is derived from. Hemp and marijuana are classified differently under the law, even though the plants are closely related.
- Being aware of these differences is essential if you want to use CBD legally.
- What the Law Says About Hemp and Marijuana
- Both hemp and marijuana are varieties of cannabis, and CBD can be derived from both of them.
Since these plants are in the same family, they look similar in a number of ways. Chemically, however, there’s a key difference. The amount of THC (Tetrahydrocannabinol), the psychoactive compound that can be found in cannabis, varies greatly.
Hemp produces next to no THC. The THC content in hemp is generally below 0.3%. Marijuana, however, can produce up to 30% THC. Since it contains a lot of THC, marijuana has psychoactive properties. In the United States, it is illegal at a federal level. It is also illegal to travel to a country where CBD may be illegal and it is best to check if CBD is legal in the country you’re travelling to before you travel with it. For example, if you’re going to Europe, you need to check if CBD is legal in Ireland or the specific country you plan on visiting.
Is Hemp-Derived CBD Legal?
The 2018 Farm Bill classified hemp as an agricultural commodity rather than a Schedule I Substance.
Many people believe that this legalized all types of CBD, no matter what is derived from. However, this isn’t actually the case.
The DEA still has CBD classified as a Schedule I Substance, which makes it illegal.
If CBD is hemp-derived, however, and if it meets the regulations established by the Farm Bill, it is an agriculture commodity, making it legal. These regulations are:
The hemp must be grown by someone with the proper license
It must contain less than 0.3% THC
It must meet shared state and federal regulations
The 2018 Farm Bill also eliminated sales regarding the restrictions on selling, transporting, and possessing CBD as long as it is hemp derived. It can be transported across state lines providing that the products are in line with the regulations listed above.
The Legality of Marijuana-Derived CBD
Even though hemp-derived CBD is legal at a federal level if it meets certain regulations, the rules regarding BD derived from marijuana are more complex.
It’s legal to use marijuana recreationally in some states, like Colorado and California. Because of this, CBD derived from marijuana is legal as well. Other states permit CBD derived from marijuana under specific circumstances, such as medical usage. In other states, it’s prohibited outright.
Read on to find out which states permit using CBD derived from marijuana recreational, which states allow medicinal usage, and which state fully prohibit it.
The Recreational Usage of CBD Derived from Marijuana Is Legal in These States
Currently, there are 20 states that allow for the recreational and medical usage of both hemp and marijuana. Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington have all legalized marijuana. If you live in one of these states, you can legally use any type of CBD, and these CBD products can be sold in stores.
The Medicinal Usage of CBD Derived from Marijuana Is Legal in These States
Currently, there are 47 states, including the states that are listed above, that permit the medicinal usage of marijuana-derived CBD.
As with other restrictions on CBD, the regulations regarding this usage are different from one state to the next. Most states allow these substances to be used medicinally for a range of circumstances. Others have strict requirements, such as requiring patients to have a certain condition or requiring the CBD meet restrictions on THC content. These additional requirements are not the same in all states.
The states that have stricter regulations on the usage on CBD derived from Marijuana are Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming. The states where it is fully illegal are Idaho, South Dakota, and Kansas. It’s always best to check to see what the restrictions are in your state so that you can ensure that you’re in compliance with these laws.