Is CBD Oil Legal?

While overall acceptance of CBD has skyrocketed recently, state laws on CBD vary. The main factors that determine the legality of CBD are whether it is derived from hemp or marijuana and if a state-licensed grower cultivates it.
As of today, CBD derived from hemp, including all hemp-derived CBD products like oils, edibles, and ointments is legal nationwide. However, the same isn’t true for marijuana-derived CBD. In some states, CBD derived from marijuana is completely legal; but in the majority of the United States, its legality depends on many different factors and conditions.

Where is CBD Legal?

In Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington cannabis is completely legal for medicinal and recreational use. If you live in one of these ten states, you can use CBD that comes from hemp or marijuana.
Idaho, Nebraska, and South Dakota have restrictions on all cannabis and cannabis-derived products. When in these states, it is imperative that you know whether you are using hemp or marijuana CBD extract and where it comes from.
In the remaining 37 states, CBD derived from hemp is legal as a result of the 2018 Farm Bill. However, specific state laws surrounding marijuana-derived products vary per jurisdiction.
If you use hemp-derived CBD anywhere in the U.S., you have no reason to be concerned. But, when it comes to CBD products derived from marijuana, laws vary significantly at the state level.

The 2018 Farm Bill

The Agricultural Act of 2014, more commonly known as the 2014 Farm Bill, began the process of legalization in the hemp industry by sanctioning some cultivation activities.

Because of the 2014 Farm Bill, hemp is now widely accepted by the public and most lawmakers. In 2018, the US Senate introduced The Hemp Farming Act in its version of The 2018 Farm Bill. Among other things, the act sought to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.

The 2018 Farm Bill was approved in December 2018, legalizing hemp and CBD at the federal level. It was removed from the federal list of controlled substances and was reclassified as an agricultural commodity.

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