Are CBD Oils Legal In All 50 States?

CBD Oils In All 50 States

CBD oil is becoming an extremely popular natural remedy all over the United States. Scientific research has proven its efficiency in relieving pain, curbing anxiety, and treating depression. Studies on mice have shown that CBD has the potential to inhibit tumor growth and improve the cardio-vascular system.

While many people are interested in the natural healing properties of CBD oil, there is a lot of confusing language around its legality, and many potential users are concerned about its legal status. Because some CBD oils feature tetrahydrocannabinol (THC), the substance that provides the feeling of being high, CBD might be against the law where you live. You might be tempted to try CBD products to improve your well-being, but before you buy anything, it may be worth it to ask the question “are CBD oils legal in all 50 states — and especially in my state?” We’ll try to answer this question below.

Is CBD Legal In Each State?

The 2018 Farm Bill legalized hemp and products made of it. This means that if a product is classified as a hemp supplement, you can freely purchase it in the majority of states without any legal consequences. Hemp-derived CBD oils either have no THC whatsoever (so-called isolates and broad-spectrum oils) or its concentration is below 0.3% (in full-spectrum oils). The tricky part is that you can also come across marijuana-derived CBD oils. Usage and possession of those can get you into legal trouble.

In general, CBD is illegal as a medicine across the United States. The exception is a CBD-based drug called Epidiolex, which is used to treat epilepsy and can be legally purchased if you have a prescription. CBD in the form of supplements is allowed in the majority of states, but there are a few exceptions.

States Where CBD Oil is Legal by their Laws

You can purchase CBD oil extracted from the hemp plant in 47 US states as well as the District of Columbia. The following states officially decriminalized CBD supplements:

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
District of Columbia
Delaware
Florida
Georgia
Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

States Where CBD Oil is Illegal

Currently, only three states – Idaho, Nebraska, and South Dakota – have classified CBD as a drug. However, there are exceptions if you meet the conditions specified by the state laws.

For example, in Idaho, it’s legal to sell CBD if it’s obtained from hemp and it doesn’t contain THC. CBD isolates and broad-spectrum products are on the right side of the law in Idaho.

In 2019, Nebraska decriminalized CBD that is extracted from hemp — however, CBD obtained from marijuana is still a no-go. Any legally-allowed product sold in Nebraska must meet certain standards concerning production, distribution, and testing.

Currently, South Dakota is the only state where CBD is prohibited in any way, shape, or form.

The Legal Status of Marijuana Extracted CBD

CBD derived from marijuana causes intoxication, which is why it’s listed as a controlled substance in several states. You can’t buy marijuana-extracted CBD in Idaho, Nebraska, and South Dakota, but the rest of the states stick to more liberal views. While you can acquire marijuana-extracted CBD, you have to obtain a medical exemption in the following states to purchase CBD containing more than 0.3% of THC:

Alabama
Connecticut
Delaware
Florida
Georgia
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maryland
Massachusetts
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

A few states allow you to purchase all forms of CBD even if you don’t have a prescription. Those include:

Alaska
Arizona
Arkansas
California
Colorado
Hawaii
Kansas
Maine
Michigan
Nevada
Oregon
Vermont
Washington

If you’re not sure whether it’s legal to purchase and use CBD oils and other CBD products in your state, consult your healthcare specialist.

What happens if the FDA outlaws CBD and hemp oil?

What if the FDA outlaws CBD and hemp oil?

To say that CBD products have exploded onto the market is the understatement of the century. CBD has become extremely popular in recent years, and you can find tons of everyday products like lotions, tinctures, and even foods that contain CBD. Many people, however, are still wondering what would happen if the FDA outlaws CBD and hemp oil.

It’s important to note that while the FDA has not outlawed the use of CBD and hemp oil products, the FDA considers CBD a drug ingredient and therefore considers it illegal to add to health or food products without the agency’s approval. One of the main problems the FDA sees is in the numerous and sometimes unproven claims of medical properties.

The FDA’s commissioner, however, is quick to point out that while the agency is concerned about these unproven and unsubstantiated therapeutic claims, they are not illegal. This means that the producers and sellers of CBD products are technically not violating the law when they sell you CDB products. But there is always the risk that they may not be as safe or as effective as advertised.

What would happen if the FDA outlaws CBD and hemp oil?

If it’s not in violation of the law to sell CBD oil and hemp oil, then why are so many in the industry advocating for the legalization of hemp and CBD products? The reason is simple — for the growth of the industry, they need FDA approval if they are to add CBD to more products.

FDA approval is vital for the marketing of any product. Big Pharma knows this, which is why they cannot bring a drug to market without FDA approval. The role of the FDA is to ensure that the products brought to the market are safe and effective. But approval from the FDA also streamlines the industry in terms of making it easier for the producers of CBD and hemp oil to market their products and manage their businesses more easily.

Outlawing CBD and hemp oil products would deny many marijuana and hemp plant breeders and CBD and hemp oil producers a livelihood — but it would also deny the public products that could very well prove beneficial for many people.

The FDA Needs More Information

But there is light at the end of the tunnel. The fact that the FDA has already approved the use of Epidiolex, a cannabis-derived treatment for seizures, shows that the FDA can approve all other uses of CBD and hemp oil and their derivatives.

The agency is quick to point out, however, that more information is needed if CDB will be approved for general distribution. Further testing is needed, particularly to determine the effects of CBD on children and the elderly. There’s a lot of information about the therapeutic benefits of CBD and hemp oil, but the quality of the products in the market may need to be streamlined if FDA approval is the end goal.