To start, we must discuss what the different classifications of CBD are. All variations of CBD comes from a variety of cannabis, either hemp or marijuana. CBD is known to have medicinal properties that can help people with various diseases such as epilepsy or people with cancer going through chemo. People also enjoy CBD for recreation purposes (legal and illegal) as the drug can have a psychological effect that many people find appealing. CBD that comes from hemp is federally legal. In fact, you can go into your local grocery store in most states and get any number of CBD products ranging from oils to lotions to makeup and fabric infused with CBD. This kind of CBD, the one you see all the time, is almost always derived from hemp. The legality of CBD becomes more complicated when it comes from CBD from marijuana.
The main reason hemp has become legal, whereas marijuana has not at the federal level is due to the amount of THC. THC is the chemical responsible for most of cannabis’ psychological effects that cause one of the primary arguments against legalizing CBD. Marijuana typically has up to 30% content of THC, whereas hemp is usually around .3%People are afraid of permanent damage along with temporary, dangerous impairment of the individual using cannabis. The fact that hemp has significantly less THC allows for it to be legalized in federally where marijuana is still considered to be federally illegal.
Despite it being federally legal to use and sell hemp-based problems, states still differ significantly on their specific laws and policies. You can divide state-level laws on CDB up into four major categories with a fifth category of overlap: Legal (which is the widespread legality of CBD for both medical and recreational purposes), legal for medical (legal only for medical purposes when prescribed from the doctor) , legal for medical with prohibitions on THC levels (these laws put out guidelines restricting THC content to little to none), illegal (prohibited at any and all CBD products no matter the use or THC content), and then decriminalized (the lax enforcement of CBD laws).
If you are considering buying, selling, or manufacturing any kind of CBD product, it is essential to know the CBD laws for the state you are in and any states you may be taking it to. You need to know not only the legality but the level of legality, THC content restrictions, and the strength of enforcement for CBD laws. Remember just because two states have both legalized CBD does not mean that the types of products allowed and the requirements for said CBD products are the same. You may also want to look into what kind of certifications individual CBD companies have and what certifications certain states require of the companies in question.
Below is a more in-depth look at all fifty states.
Legal
These states have all completely legalized CBD but have some varying rules and policies when it comes to uses, kinds, and amounts.
- Washington- it is entirely legal to buy CBD products in the state of Washington provided you are eighteen or older. However, it is good to be careful about where you travel because not all neighboring states are CBD friendly.
- Oregon- this is one of the states with the biggest CBD industries in the United States, so it is safe to say that buying CBD is legal here. You should be careful about the quality, however, since this state has turned so industrial with CBD manufacturing.
- California- California has legalized CBD everywhere but has guidelines based on where you can sell various levels of THC. You will find more marijuana-based products at dispensaries while hemp-based products can be found in local drug stores.
- Alaska- this state has legalized CBD, but it is illegal to consume/use any CBD product in any and all public spaces. So while it is legal to buy, make sure you take it home before you use it.
- Nevada– CBD is completely legalized in Nevada (you can find products in both regular stores and dispensaries), and it is even legal to have up to an ounce of marijuana.
- Colorado- CBD is legalized here and is home to many cannabis businesses. All surrounding states have more conservative CBD laws, so be careful leaving the state.
- Michigan- Both CBD and recreational marijuana have been legalized in Michigan, though it may be tough to find places to buy recreational marijuana, you can order online and possess it in the state.
- Illinois- Though CBD is technically legal now, this state is much newer to legalization. What may be fine in big cities is not fine in rural areas. Be careful and know your rights when buying and using CBD in Illinois.
- Maine- Here CBD has been recently categorized as a food, not a medicine, so there is beginning to be a drastic increase in CBD products throughout the state.
- Vermont- Hemp products are a rather large industry in Vermont with CBD stores throughout the state.
- Massachusettes– CBD products are legal throughout this state and can be fine in regular convenience and drug stores.
Legal for Medical Use
In these states, as long as you have a prescription from a licensed physician, you can go to your local dispensary and get CBD products. In all of the below states you have to get a doctors prescription and then carry a licensed medical card. All of the following states have very similar medical requirements for CBD.
- Montana
- North Dakota
- Minnesota
- Utah
- Arizona
- New Mexico
- Oklahoma
- Missouri
- Arkansas
- Louisiana
- Florida
- Ohio
- West Virginia
- Maryland
- Delaware
- Pennsylvania
- New Jersey
- New York
- Connecticut
- Rhode Island
- New Hampshire
- Hawaii
Legalized Medically with Limits on THC Content
All of the below states have legalized medical marijuana but have put limits on the amount of THC, the psychologically altering part of CBD.
- Wyoming- legal to buy hemp products with less than .3% THC.
- Kansas- legal to have hemp products with less than .3% THC.
- Texas- legalized the use of low THC, high CBD products, but no smoking cannabis with any level of THC.
- Iowa- hemp with three percent or less THC is legal.
- Wisconsin- illegal except for limited use of CBD oil for medical purposes.
- Indiana- allows the use of CBD oil with less than .3% THC content.
- Kentucky- allows only nonpsychoactive CBD products.
- Tennessee- allows CBD products with less than .9% of THC to treat some medical ailments such as seizures.
- Mississippi- allows the use of CBD oil with less than .5% THC content.
- Alabama- allows non-psychoactive CBD oil to treat medical conditions.
- Georgia- legalized CBD for medical use with less than 5% THC and a higher percentage of CBD than THC.
- South Carolina- a few legalized CBD oil products for medical uses.
- North Carolina- has medical programs for low THC hemp products.
- Virginia- allows for low THC CBD medical products.
Illegal
These three states do not allow for any possession, selling, or the making of any CBD products for medical or recreational purposes, though Nebraska has decriminalized it (see next section for more information.)
- Idaho
- South Dakota
- Nebraska
Decriminalized
The following states have decriminalized marijuana. This means that these states are not strict enforcers of their laws prohibiting medical marijuana. Though there are still laws, mostly prohibiting CBD use except for medical needs, the charges you face if you break the law have significantly gone down.
- New Mexico
- Nebraska
- North Dakota
- Minnesota
- Missouri
- Mississippi
- Ohio
- North Carolina
- Maryland
- Delaware
- New York
- Connecticut
- New Hampshire
- Rhode Island
FDA Requirements
CBD products that are sold for medical use or a drug cannot be sold without FDA approval. These products will go through the same series of rigorous testing as all other drugs. In some states, however, CBD is sold as a food product, not as a drug. In these cases, the FDA does not have to approve the product for it to be sold legally. Before you buy any kind of CBD product, it is highly recommended that you look into the certifications it has, whether than be by FDA or CBD. Different companies have different qualities of CBD with different THC content, and it is essential to research and understand what you are buying before you use it to maintain safe usage. You can get more info about what FDA says about CBD by following this link.
CBD laws are rapidly changing in the modern age, and it can be challenging to keep up. It is best to contact your local official for the current and specific laws in your area, but this article should have given you a good idea of what the laws in your area, or states you may be traveling to, are. If you are unhappy with the laws in your state, you can contact your local legislature or mayor to start a petition or movement to get the laws changed.
If you or someone you know has a condition you believe could be treated with CBD, please talk to your personal physician to get a medical opinion. If you are considering using it for recreational purposes, it could also be useful to discuss possible risk factors with a qualified individual. No matter what you choose to do, please use CBD responsibly. When using or considering using CBD products, it is crucial to keep in mind that it is a substance that can change the chemical balance in your head and thus alter behavior and thoughts.
