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Is CBD Legal In My State?

Is CBD Legal In My State?

Posted by The Violetta Company on Aug 11th 2020

CBD is now an internationally recognized holistic product that is publicly claimed by many users to assist in a number of wellbeing practices and medical conditions (these statements have not been reviewed or approved by the Food & Drug Administration, and our products are not intended to treat or cure any medical condition, illness or disease). In the US, CBD has been legal on a federal level since 2018. However, there are different state laws that class it in different ways. While CBD may be legal, it does depend on what state you live in. This applies to hemp derived CBD products and licensed CBD products. In contrast, medical marijuana operates under different rules in The United States of America.

What is CBD?

CBD is a compound that is found in a hemp plant. This property is often confused with its sister compound THC, the one that gets you high. While THC has psychoactive effects on the body, CBD does not. CBD has a small amount of THC, and this is usually below 0.3%. Cannabis or marijuana tend to be illegal in most states, while in general CBD is not.

There are different types of CBD, including full-spectrum CBD, THC-free CBD, and broad-spectrum CBD. Full-spectrum products contain high levels of cannabinoids that are naturally found in the marijuana plant. Although these have high levels of CBD, they also have low levels of THC. THC free and broad-spectrum CBD do not contain any detectable trace levels of of THC.

CBD is a growing wellness trend globally and is claimed by many in the public domain to aid a number of ailments such as anxiety, skin complaints, pain, and insomnia. Studies suggest this happens due to CBD affecting our internal endocannabinoid system. This system controls cell-signaling. Researchers have said CBD might help to rebalance this system and support the body and mind. It is important to note that the U.S. Food & Drug Administration (FDA) currently does not endorse, approve or allow CBD manufacturers to make any medical or medically-related claims regarding CBD. So we as a company cannot endorse or repeat them here.

The laws of CBD

Since 1937, CBD and cannabis have been illegal in the US, although technically, CBD has no intoxicating properties. While marijuana is still illegal under federal law, in 2018, the Trump administration introduced a bill named the Agricultural Improvement Act or 2018 Farm Bill that saw CBD removed from the Controlled Substance Act.

Although this bill means that CBD is no longer a controlled substance, that doesn’t mean it can be grown without compliance with federal and state rules and regulations. While federal law states that people growing hemp derivatives won’t have the DEA knocking at the door, on a state level, the legalities can be very different. Plus, not all states have the same rules.

The basics of state law

The differences in federal and state law can be confusing when it comes to CBD. There are variations in the rules, and some are relaxed, and others are not. On a basic level, there are three distinct rules for CBD products:

  • CBD is legal without restrictions
  • CBD is legal with restrictions such as it can’t be sold if included in food or drink products
  • CBD is illegal

Depending on what state you are in determines which of these rules applies.

So is CBD legal where you live?

States where CBD is illegal

In most all states, CBD is legal. However, CBD is illegal in every form in South Dakota. And in Idaho, Iowa, and Nebraska, CBD is still technically illegal for general consumption.

South Dakota is said to have some of the most stringent laws surrounding CBD. It only recognizes the prescription drug Epidiolex as a controlled substance. It also means that any other use or possession of CBD oil is a violation of state law.

States where CBD is legal without restrictions 

The following states have no restrictions on CBD:

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Oregon
  • Vermont
  • Washington

States where CBD is legal but with restrictions

All other states not listed above have some restrictions on the sale of some products that contain CBD. Several include no selling of foods and drinks including CBD. Examples of states with this rule include North Carolina, Kansas, Arizona, and Georgia. Locations such as Delaware have rules such as an industrial hemp grower needs to be affiliated with the state university. Many states that have restrictions also allow you to order online or purchase from CBD specialty shops.

States that have restrictions mainly focus on the consumption of CBD in food or drink form. Some locations are producing guidelines and regulations for labeling, ensuring that products stipulate that they have 0.3 THC or THC free CBD oil within them.

To ensure you comply with state regulations, it is advisable to check local laws. There are several differences as soon as you cross into another state.

CBD and the FDA

In 2019, the Food and Drug Administration (FDA) held a publicized hearing about the need to build federal regulations around CBD.

Previously CBD was approved by the FDA as a pharmaceutical drug for the use of epileptic seizures. Products containing CBD are only allowed to claim to have medicinal properties if it is a medically prescribed medication. All other CBD compounds, such as iso hemp oil, is a non-prescription drug.

The draft from the FDA is named ‘Cannabis and Cannabis-Derived Compounds: Quality Considerations for Clinical Research is currently pending. A spokesperson for the FDA said they were working towards a goal for providing additional guidance. At the moment, it is said that it is not clear to what extent the document related to a framework for CBD.

This process, however, could mean that CBD is classified as a drug. Currently, if the FDA approves it as a drug, then it will only be sold via over-the-counter, much like other medical drugs. At the moment, CBD is well known as a sort of quasi dietary supplement or wellness aid.

The FDA previously noted that how CBD is marketed has strict rules. Although last year the FDA said there was no enforcement on this, it also stated that CBD could be not be labeled as a dietary supplement.

There is still some way to go in the regulation of CBD and the openness of some states to changes in local laws regarding use and possession. These laws are changing all the time. If you are unsure of the rules in your state, it is best to look up the finer details on what is acceptable and what is legal, and what is potentially illegal.


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Furthermore, we also have other terrific blog articles such as Holistic Treatments 101. — We are The Violetta Company.