If the FDA bans all non-prescription forms of CBD, it risks opening up a massive illegal market—which would result in a criminal trade in unlicensed, untested, and unregulated CBD. We’ve just experienced the real dangers of that with the illicit trade in THC vape cartridges, which led to the national outbreak of VAPI lung, also known as EVALI.
Note: The chart below applies to unlicensed CBD products only. State-licensed CBD products sold in adult-use and medical cannabis stores operate under different rules.
Passage of the farm bill “legitimized hemp as an agricultural crop as opposed to a drug/controlled substance,” writes Bob Hoban, one of the nation’s most experienced hemp attorneys. “However, while this legislation paved the way for the hemp industry’s expansion it in no way made the path to legal compliance any clearer for those in the hemp industry.” And by extension: It’s no clearer for those in the CBD industry, either.
FDA rules are coming
Once a compound has been approved as a drug, the FDA typically does not allow it to be sold in over-the-counter mainstream markets. But it’s currently being used most often as a dietary supplement, like vitamins.
In Vermont it’s legal, although when CBD is added to maple syrup it’s illegal to label the product “Pure Maple Syrup.” Ahh, Vermont.
That changed late last year.
Federal legality doesn’t automatically confer state legality. Each state handles hemp and CBD differently. In Idaho, Iowa, and South Dakota, CBD is entirely illegal. In New Jersey, New Mexico, and North Dakota it’s legal without restriction. In Alaska, California, Washington, and many other states it’s legal but can’t be sold in combination with food or beverages—except in licensed cannabis stores.
CBD products include CBD oils, CBD gummies, CBD creams, and a whole lot more. They help relieve pain and they also help reduce the anxiety that people have.
Mississippi – Allows use of CBD oil and products with less than 0.3% THC levels as determined by the FDA. Medical patients can use CBD of higher concentrations up to 0.5%
What Is CBD & Is It Legal?
Arkansas – Legalized medical marijuana and CBD products that are approved by the FDA.
To make it easy for you, CBD is legal in all 50 states, however the law is different from state to state. State laws dictate the legality on what type of CBD product people can use and which one is prohibited.
Cannabidiol (CBD) and tetrahydrocannabinol (THC) are both natural compounds found in the cannabis plant. Both of them share the same molecular structure of 30 hydrogen atoms, 2 oxygen atoms , and 21 carbon atoms.
The following states have legalized CBD, some only for specific medical purposes:
CBD must be legal on both the federal level and the state level in order for it to be legal in your state.
In addition to these states, sever other states have legalized medical marijuana:
Is CBD Legal in the U.S.?
The 2018 Farm Bill legalized, on the federal level, the regulated production of hemp, or any part of the cannabis plant with a THC concentration below 0.3%. States, however, have the final say in whether or not cannabis-derived products are legal within their state lines.
Marijuana legality varies by state, as does CBD legality.
CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant.
There are 17 states called that legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement.