The year 2018 was a turning point for CBD consumers and sellers. The farm bill 2018 gave CBD a way to make a place in society. Although the plant is one of the oldest known plants on record used for human benefit, society is still not sure about it.
The anxiety before buying or consuming CBD for the first time is real. The key reason behind it is the confusing and uncertain laws around CBD, particularly for states. Is it legal? How much amount can I possess? What are the punishments for violation? Can I take it to other states? What if my state does not allow it? There is a lot to ask and little to inform.
If you also go through these confusions then this article is for you. The article clarifies the current legal status of CBD products in US states as well as federally.
The Federal Viewpoint On CBD
Before moving towards the legal status of CBD, it is vital to know what CBD is. Cannabinoid, also known as CBD, is a compound derived from hemp ( a Cannabis Sativa plant that contains a low amount of THC). Also, most people confuse CBD with marijuana, you can consider buying CBD products from https://cbdfx.com. But both these compounds significantly differ from each other.
Here is how the official site of the FDA defines Cannabis, marijuana, and its legality – “Cannabis is a plant of the Cannabaceae family and contains more than eighty biologically active chemical compounds. The most commonly known compounds are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). Parts of the Cannabis sativa plant have been controlled under the Controlled Substances Act (CSA) since 1970 under the drug class “Marihuana” (commonly referred to as “marijuana”) [21 U.S.C. 802(16)]. “Marihuana” is listed in Schedule I of the CSA due to its high potential for abuse, which is attributable in large part to the psychoactive effects of THC, and the absence of a currently accepted medical use of the plant in the United States.”
The site defines hemp as, “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
Besides, some things to know about the CBD’s legal status are:
- The Farm bill 2018, also known as the Agriculture Improvement Act came into existence on December 20, 2018. The law federally legalized possessing, growing, and consuming hemp-derived CBD with less or equal to 0.3% of THC.
- Although the bill federally legalized Hemp-derived CBD, the FDA site mentions, “The 2018 Farm Bill, however, explicitly preserved FDA’s authority to regulate products containing cannabis or cannabis-derived compounds under the FD&C Act and section 351 of the Public Health Service Act (PHS Act). FDA treats products containing cannabis or cannabis-derived compounds as it does any other FDA-regulated products — meaning they’re subject to the same authorities and requirements as FDA-regulated products containing any other substance. This is true regardless of whether the cannabis or cannabis-derived compounds are classified as hemp under the 2018 Farm Bill.”
- So, despite legalization, the substance does not freely flow in the market. There are various limitations. One of them is on marketing. The FDA strictly prohibits medical claims of CBD while marketing it. So, if you are a seller and not a consumer, you should read laws for CBD marketing extensively
This is the perception of the federal government. However, the state shares a different perception. Here is the list of all states and the legal status of CBD in that state.
State Laws And CBD
Here is the list of laws and the states that follow them.
- States that allow FDA approved CBD products: Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Illinois, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Arkansas, Delaware, Florida, Louisiana, Maryland, Alaska, Arizona, California, Colorado, Hawaii, West Virginia, Idaho, Montana, Nevada, Oregon, New Mexico, South Dakota, Kansas, Washington.
- In Wyoming, Hemp-derived CBD oil products with less than 0.3% THC are legal.
- Virginia allows legally obtained CBD with FDA guidelines. Besides, the state allows medical use of CBD with less than 0.5% THC.
- Texas allows CBD products with less than 0.3% THC. However, CBD for medical use is legal as long as it’s below 0.5% THC levels.
- Utah allows CBD oil low THC content (0.3%). However, except gelatin cubes, other CBD edibles are illegal in the state.
- In Wisconsin, the law around CBD is in a grey area. The possession might bring a jail sentence. It is better to take a physician certificate before using it in the state.
- In North Carolina, growing hemp is illegal. However, the state allows medical use if the product contains less than 0.9% THC.
- South Carolina and Tennessee allow CBD products with below 0.3% THC levels. Besides, CBD with less than 0.9% THC is legal for medical use.
- Oklahoma allows CBD products as long as it contains less than 0.3% THC and has FDA approval.
- Georgia allows the use of CBD products with THC levels less than 0.3%.
- Alabama allows FDA-approved CBD products with up to 0.3% THC levels for recreational use.
- Indiana allows the use of CBD oil that contains no other controlled product and low THC content ( 0.3%).
- Iowa allows CBD products that follow chapter 124E of the Iowa Code.
- Kentucky discarded the word “marijuana” while explaining CBD products for medical purposes. The state allows if it contains the minimum level of THC fixed by FDA, that is 0.3%.
- In Mississippi CBD products and oil that carry less than 0.3% THC is legal. Moreover, patients with certain medical conditions can use high concentrations of CBD, up to 0.5%.
So, these are the laws of the state. Although, whenever there is a conflict between state law and federal law, the latter one prevails. But before you consume it in a state that does not allow its use, make sure to read the laws carefully.
The future of hemp looks bright in the United States. Now some people hesitate to consume it because of lack of scientific use. However, with time more research will be organized. It will attract more consumers. Maybe the question of the legality of CBD will still prevail but the love of people for this compound will certainly win over everything.