Is CBD Illegal In Your State And What Regulations Exist?
Posted on June 29th, 2022
The cannabis family of plants has a long and confusing prohibition history in the United States. Similarly, the plant’s internal chemicals also faced years of prohibition. The best-known of these chemicals is Tetrahydrocannabinol(THC). THC is responsible for most of the psychoactive properties associated with cannabis. Other popular cannabinoids include cannabidiol(CBD), cannabigerol(CBG), and tetrahydrocannabivarin(THCV).
The United States irst outlawed in cannabis and its various cannabinoids during the 1940s. Prohibitions grew more severe over the following decades. During the 1970s’ “War on Drugs” there was a significant increase in incarcerations related to cannabis. This leads many people to wonder “is CBD illegal now?”.
Is Cannabis Still Illegal Today?
The good news is that these regulations have recently softened. Many of the cannabinoids are now legal in nearly every state. The only cannabinoid that remains illegal in most locations is THC. Recreational cannabis as a whole, and thus all of its included cannabinoids, are now legal in a total of 18 different states.
The saving grace for the cannabis plant was the 2018 Farm Bill. This new bill greatly impacted farmers’ legal right to grow variations of cannabis, companies’ rights to extract and sell cannabinoids, and consumers’ rights to consume various cannabis-derived products.
There are still some strict regulations involved with the 2018 Farm Bill. It does not allow farmers to grow marijuana for recreational consumption. In fact, it allows the cultivation of a slightly different member of the cannabis family known as hemp. The hemp grown must have less than 0.3% THC. That makes the plant useless for psychoactive purposes but does allow for the cultivation of various other cannabinoids like CBD.
The legality of medical and recreational marijuana is slightly different. It is still considered illegal on a federal level but many states have enacted local laws that allow for its growth and consumption. The plants grown for this purpose have a much higher percentage of THC and are not cultivated for the additional cannabinoids.
Is CBD Illegal at a Federal Level?
Unlike THC, the CBD cannabinoid is considered legal on a federal level. It can be safely extracted from hemp grown in accordance with the 2018 Farm Bill. It has no psychoactive properties and isn’t believed to pose a threat to public safety. There are still some states with additional regulations regarding the growth, extraction, and purchase of CBD products.
Some states require that CBD products are fully approved and regulated. These states include:
– New Jersey
– New Hampshire
– New York
– Rhode Island
These states, and a few others, allow CBD but have strict guidelines in place. The regulations are generally related to the THC content of the product. Most states with regulations like these require the CBD to have a THC content lower than 0.3%. This ensures that the product aligns with the regulations stated in the 2018 Farm Bill. Some states like Tennessee allow for a slightly higher percentage at 0.6%.
Is CBD Illegal if it Comes From Marijuana?
It’s important to note that there are two main variations of CBD products currently on the market. There are CBD products derived from marijuana with a higher THC content and then CBD products derived from hemp that comply with the 2018 Farm Bill. Naturally, hemp-based CBD products are considered legal on a federal level and can be purchased in all 50 states.
There are a handful of states that allow you to purchase CBD products regardless of their source. These states currently include:
Keep in mind that this list is fluid and can change at any time. Politicians are constantly attempting to push new regulations that affect CBD and other cannabis-based products. It’s a good idea to review local regulations before you attempt to purchase marijuana-based CBD in your state.
What About CBD for Medical Use?
The various types of cannabis have been the focus of hundreds of medical studies over the last century. It’s well established that THC and other cannabinoids in marijuana can have highly beneficial medical effects. This led to California becoming the first state to legalize medical marijuana in 1996. That list has grown to include 29 different states that now allow medical marijuana.
CBD was not quite as well known at the time when medical marijuana was first legalized. That’s not the case anymore and all of these states now allow some form of marijuana-based CBD for medical purposes. They do not allow marijuana-based CBD for recreational purposes but still allow hemp-based CBD for recreational use. A few of the states that allow marijuana-based CBD for medical use include:
– New York
– Rhode Island
In contrast, there are some states that have completely outlawed marijuana-based CBD even for medical purposes. States like South Carolina and Texas carry hefty penalties for anyone caught selling CBD that is not derived from hemp with less than 0.3% THC.
Once again, this list of states is subject to change at any time with new regulations. Purchasing medical CBD will require a prescription from a doctor. If you want to be certain whether it is legal in your state, then simply speak to your physician. They keep up with regulations like these and can determine if medical CBD would benefit your condition.
Is CBD Illegal in Any States?
The 2018 Farm Bill may affect the country on a national level but state governments still have the right to enforce their own regulations instead. This is the same reason why marijuana is illegal on a federal level yet still available to purchase in certain states. In this case, some states have decided to ban most CBD products regardless of whether they come from hemp or marijuana. There are currently only two states that fall into this category:
These two states have some confusing regulations on the matter. They don’t downright ban all CBD products. Instead, they only allow for CBD products that have 0% THC. Growing strains of hemp that contain as little as 0.3% is already a difficult task. It’s nearly impossible to find a CBD product that truly contains no trace amounts of THC.
Many residents are unhappy with these regulations because such small amounts of THC will have no noticeable effect. There is essentially no difference between CBD oil with 0.3% THC and CBD oil with 0% THC. It is just a way for the local government to prevent the distribution of a product they do not approve of.
In Idaho, unregulated CBD is classified as a controlled substance. This places harmless CBD products in the same group as other substances like stimulants, opioids, and steroids. Hopefully, these regulations will become less severe over time as newer politicians come into power who are more understanding of the matter.
If you’re interested in taking CBD oil without THC, then you’re in luck. All states, except for two, have legalized hemp-based CBD products with less than 0.3% THC. Idaho and Nebraska allow for CBD only if it contains 0% THC. Some states also allow for CBD products derived from marijuana specifically for medical purposes. These are the same states that have also legalized medical marijuana as a whole. It’s always a good idea to quickly familiarize yourself with local regulations in case something severe has changed in recent months.
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