Is CBD Legal?

Like any rapidly growing industry, the law makers and regulators can take a while to catch up, and the CBD industry is no exception. So, when it comes to the question of ‘Is CBD Legal?’ The answer is to check your state laws and if in doubt err on the side of caution.

2018 did however, bring about two groundbreaking legal changes that bought legalization a step closer. First, the federal government approved the Farm Bill, a legal change that allows growers to expand their hemp farming operations in the US and second the prescription CBD oil Epidiolex, became the first CBD product of its kind to be approved by the FDA. 

So, is CBD Legal in ALL States? 

All of them? No. But most? Somewhat!

For clarification, legal CBD must come from licensed businesses that are approved by the federal government. But states do have their own rules regarding the cannabinoid and here’s our quick guide below: 

States that banned CBD and prosecute consumers:

  • Nebraska, South Dakota

CBD from hemp and marijuana is legal under state’s recreational cannabis law.
It is federally illegal if it is made from marijuana or unlicensed grower:

  • Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington (state)

CBD products must be completely 0% THC-free:

States without exceptions that adhere to the rules:

  • Alabama, Airzona, Arkansas, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming

Further information on each state’s laws

Can you travel with CBD? Which countries allow it?

Be thoughtful when packing CBD in your luggage.

Again, be sensible and check the rules of where you are flying from and flying to. For air travel, TSA’s policy on cannabis is that they’re not looking for it, but may contact local law enforcement if a product is deemed to be anything other than medicinal and can be proven as such.

As for international travel, use your discretion and check your destinations hemp product laws. With nearly 200 countries to choose from, you may find that you can get legal CBD upon your arrival. check here for respective laws

As with many things, the federal government can be very slow to change, but we 100% support their efforts in helping to make the CBD industry safe via regulation. And the good news is that they are getting to grips with CBD and it looks like there could be light at the end of the tunnel for federal legalization of CBD products.  

This is the status of CBD’s state legal status as of March 2019 and we’ll be sure to keep you updated on major changes as the 2018 Farm Bill rolls out over time. For now though, get to grips with your state laws and make the right choice to buy your CBD products from an approved retailer like ourselves. 

Anthony Tribunella

Having experienced the benefits of CBD first hand when it was starting to gain popularity, Anthony decided to spend his working life championing it to the public and his peers in the wider CBD community. As a CBD innovator himself, Anthony likes to remain at the leading edge of scientific and product development to ensure that the potential of CBD has every chance of being fully realized.

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