- Jul 28, 2020
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Did Trump legalize CBD oil in all 50 states?
Legalization of CBD Oil in All 50 States
Thanks to the 2018 Farm Bill signed by President Donald Trump, hemp was removed from the federal list of controlled substances. This means that products made of CBD are now legal. So you may be asking yourself, “Did Trump legalize CBD oil in all 50 states?” Not exactly.
Every state has the right to regulate trade and manufacture of hemp-derived products, including CBD oil. Some state-level laws prohibit the distribution of CBD if it contains more than 0.3% of tetrahydrocannabinol (THC). This is the “feel-good” substance that is found in marijuana. And if a certain state is marijuana-friendly, both hemp- and marijuana-derived CBD oils are totally legal. Below we’ve listed the states that welcome CBD, as well as those who have restrictions in place and those that are sitting on the fence.
The Difference Between Hemp and Marijuana CBD Oil
Despite being relatives, hemp and marijuana have varying contents of THC. When a CBD product is extracted from hemp, THC levels vary from 0% to 0.3%. 0.3% is a benchmark that separates legal CBD from illegal. Broad-spectrum and isolated CBD oils don’t have THC, while products classified as full-spectrum feature up to 0.3%.
The marijuana plant has less CBD than hemp but contains more THC. As a result, CBD extracted from marijuana and not hemp will have a level of THC that will exceed 0.3%.
These states allow purchasing marijuana-extracted CBD oil for medical and recreational purposes. The majority of these states have legalized the use of marijuana, so it comes as no surprise that its derivatives are on the same side of the law. And since CBD that is made from hemp is considered more “harmless”, it’s absolutely legal as well.
States that allow for the selling and purchasing of marijuana-extracted CBD products include:
In the following states, you can buy hemp-derived CBD oil — however, if you’d prefer CBD-extracted from marijuana, you’ll have to have a medical exemption or a marijuana card:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- West Virginia
While 47 states in one direction of CBD legality, three states are still hesitant. In South Dakota, Idaho, and Nebraska, you can’t buy any CBD product obtained from marijuana. And when it comes to hemp-derived CBD oils, every state has its own rules and regulations.
It’s ok to purchase CBD oil in Idaho if it has no THC whatsoever. This makes full-spectrum products against the law. Nebraska residents are able to buy hemp-derived products (including THC ones) as long as they meet state regulations concerning the manufacturing process and quality. Currently, only South Dakota bans every type of CBD in its entirety.
Unless you live in South Dakota or Idaho, you can purchase hemp-based CBD oil without breaking the law. And if you’re lucky to reside in marijuana-friendly states, you can even get your hands on products exceeding the 0.3% THC benchmark. In all other cases, you should carefully read labels and descriptions to make sure a bottle of CBD oil doesn’t cause legal liability.
The 2018 Farm Bill that was signed by President Trump showed that we are moving toward relaxing the federal and state-level legislation regulating CBD products. There is hope that CBD-hostile and gray-area states will soon join the ranks of hemp and marijuana enthusiasts. When this happens, CBD in every shape or form will be legal in all 50 states. Until then, follow the news closely.
Are CBD Oils Legal in NC?
It can be a headache to research all the details around where and when CBD oil is legal these days. CBD oil has proven to be among the most beneficial natural oils on the market, with a variety of attributes that positively impact a range of different ailments. We will answer the question, “Are CBD oils legal in NC?” so you can make an informed decision about where to get it, how much to acquire, and what exactly the legal system in North Carolina is regarding this popular health remedy.
A Look at U.S. Federal Law
Debates abound as to what is legal via the entire United States and what is based on local state governments. It was in 2018 when the Farm Bill was passed by the United States federal government, which made it legal to grow cannabis plants and produce CBD oil. The law stated that production of the product must be made to have less than .3% THC, so it was very restricting and did not include all forms of cannabis. Additionally, the laws allowed for states to make up their own minds about the legality of the substance.
What is NC’s Stance?
Unlike other states that immediately embraced the CBD oil industry, North Carolina has been more stringent in its laws. The shining light in North Carolina’s inability to conform was found in 2014 when the first Cannabis related bill came to pass the state’s government. Known as the House Bill 1220, it allowed for children with epilepsy to have access to CBD oil provided that the THC level was under .9% and the oil contained only 5% CBD.
For a child to be eligible under the House Bill 1220, they had to prove resistant to other epilepsy and neurological drugs. They also had to have a written letter from a neurosurgeon and become a participant in a pilot study for the effectiveness of CBD extracts. The last stipulation for the pilot study was subsequently removed, but children still have to go through the proper diagnosis procedure in order to receive CBD prescriptions.
What About Now?
Time has passed since the 2014 House Bill 1220 and the federal government legalizing CBD use in 2018, but North Carolina remains closely guarded in their acceptance of CBD oil use. Currently, CBD products and marijuana carry a penalty in the state of North Carolina. Those found in possession of less than half an ounce can face misdemeanor charges and if found with more than half an ounce, you will most likely be serving time incarcerated.
North Carolina has some of the most unclear laws surrounding CBD oils in the country. Where it’s still illegal to possess CBD oil, it’s perfectly legal to order it online out of state and have it delivered to your home. However, in certain vape shops throughout the state, CBD oil for the purpose of alleviating insomnia, anxiety, and a number of other health issues is available for purchase. Although the state is perfectly within their right to seize and fine vape shops for providing access to CBD oil without proper written consent from a physician, the authorities often look the other way.
What the Future Holds for CBD in NC
It’s uncertain whether North Carolina will get on board with the rest of the country in regard to the legalization of CBD products but unfortunately, they have the ultimate authority over the situation for anyone in the state. If you reside in NC, be careful when and where you purchase CBD oil, and keep your supply below half an ounce to avoid anything above a misdemeanor on your record.