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Is CBD Legal? What You Need to Know

Is CBD Legal? What You Need to Know

 

The history of hemp in the United States dates back to colonial days. It’s a rumor that it was used in sails of the colonists’ ships. It’s a fact that America’s first president George Washington cultivated hemp at his Mount Vernon estate. However, despite its foundational beginnings, its legality was called into question during the 20th century. It was not until December 2018 that hemp was legalized federally. In this blog, we’ll discuss everything you need to know about CBD and its legality. Let’s get started. 

 

Is CBD legal? 

Federally, yes. State by state, not necessarily. In 2018, President Trump passed the Farm Bill, which (among other things) legalized the growth, distribution, and sale of industrialized hemp. This legislation permits industrialized hemp to be cultivated for any use, including CBD. However, just because a substance is legal federally does not mean it is necessarily legal in every state. It all depends on where you live. Below, we’ve included a chart that helps you see if you can use CBD in your state. 

 

State Is CBD Legal? Restrictions
Alabama Yes None
Alaska Yes No CBD-infused food/beverage permitted
Arizona Yes No CBD-infused food/beverage permitted
Arkansas Yes No CBD-infused food/beverage permitted
California Yes No CBD-infused food/beverage permitted
Colorado Yes No baked goods
Connecticut Yes Food and beverage must be registered
Delaware Yes Hemp grower must be affiliated with Delaware State University 
Florida Yes Labeling is required
Georgia Yes No CBD-infused food/beverage permitted
Hawaii Yes None
Idaho No Illegal in every form
Illinois Yes None
Indiana Yes Labeling is regulated
Iowa No Illegal in every form
Kanas Yes No CBD-infused food/beverage permitted
Kentucky Yes CBD tea is not permitted
Louisiana Yes Many product restrictions
Maine Yes Okay only if CBD extracted from a licensed hemp grower
Maryland Yes Unclear
Massachusetts Yes No CBD-infused food/beverage permitted
Michigan Yes No CBD-infused food/beverage permitted
Minnesota Yes No CBD-infused food/beverage permitted
Mississippi Yes Must be at least 20:1 CBD:THC ratio
Missouri Yes Age 18+ only; sales require state registration
Montana Yes No CBD-infused food/beverage permitted
Nebraska Yes No CBD-infused food/beverage permitted
Nevada Yes No CBD-infused food/beverage permitted; sales only permitted in cannabis stores
New Hampshire Yes Regulations coming
New Jersey Yes None
New Mexico Yes None
New York Yes No CBD-infused food/beverage permitted; purity testing required
North Carolina Yes No CBD-infused food/beverage permitted
North Dakota Yes None
Ohio Yes None
Oklahoma Yes None
Oregon Yes Label regulations
Pennsylvania Yes No CBD-infused food/beverage permitted; label regulations
Rhode Island Yes Label regulations
South Carolina Yes No CBD-infused food/beverage permitted
South Dakota No Illegal in every form
Tennessee Yes None
Texas Yes Label guidelines
Utah Yes Registration required for sales
Vermont Yes No combination with meat or dairy. Maple syrup has its own rules
Virginia Yes None
Washington Yes No CBD-infused food/beverage permitted
West Virginia Yes No CBD-infused food/beverage permitted
Wisconsin Yes No CBD-infused food/beverage permitted
Wyoming Yes None

 

So, what exactly does this mean? Federal law no longer requires authorities to police people for growing hemp, extracting CBD, or possessing either. The Farm Bill also removed hemp and hemp derivatives from the definition of “marijuana” in the Controlled Substances Act. You just may not be in the clear with your specific state yet. For example, if you lived in South Dakota, CBD would still be entirely illegal. You could still receive consequences for possessing and using it.

 

Final thoughts

While it is confusing, FDA officials are actively working to create federal regulations around CBD, and states may also change or update their regulations periodically. If you’re not currently living in a place where CBD is legal, stay tuned. It may not be that way forever!

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