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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%.  


CBD-Friendly States

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:

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


Gray-Area States 

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: 

  • 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


Concerned States

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. 


Bottom Line

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.

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