In Which States is it Legal to Buy CBD Oil?


Thanks to the Farm Bill, CBD oil became legal in all fifty US states. That’s right, according to federal law, CBD oil is not illegal anywhere in the States.


Last year, the President passed the Farm Bill (the Agricultural Improvement Act), which changed hemp’s status from a Schedule I substance into an agricultural commodity.

But the legality comes under certain conditions. The law changes are relatively new and some states might need time to fully legalize CBD. Even though CBD’s legal status is now more clearly defined with this new law, misinformation and local laws are still confusing.

If you aren’t sure whether CBD oil is legal in your state, this guide will help you learn the newest laws concerning CBD, as well as its current legal status.

Marijuana vs. Hemp
The legal status of CBD depends on state laws, but one of the crucial factors is whether the CBD is derived from marijuana or hemp. Although these plants belong to the same family and have many similarities, the law classifies them differently.

Marijuana and hemp are both Cannabis plants and both produce CBD. As they belong to the same plant family, marijuana and hemp have a similar appearance. However, there is one important difference – they contain significantly different amounts of THC (Tetrahydrocannabinol), the mind-altering substance in cannabis that makes users high.

Hemp is known for containing almost no THC (no more than 0.3% to be more precise). On the other hand, marijuana contains up to 30% of THC, an amount which can have severe psychotropic effects.

The Legal Status of Hemp-Derived CBD Oil
The CBD oil obtained from hemp is legal, but only if it is produced in accordance with the regulations.

After the Farm Bill was passed in 2018, many believed that CBD was 100% legal, no matter whether it was derived from marijuana or hemp.

However, the DEA still classifies CBD as Schedule I substance, which means it’s illegal unless obtained from hemp and in accordance with the new regulations set forward in the Farm Bill.

The Bill also eliminated restrictions on possession, transportation, and sale of all CBD products derived from hemp.

The Legal Status of Marijuana-Derived CBD Oil
Compared to CBD derived from hemp, which is legal on a federal level provided it follows the regulations, the legal status of CBD derived from marijuana is more complicated.

In some US states, like Colorado and California, marijuana is legalized for recreational use, so the CBD products derived from marijuana are also legal. Other states allow the use of CBD derived from marijuana under specific conditions (for instance, in case of certain medical conditions), while in some states it is completely prohibited.

Below is a list of the states which allow the use of CBD derived from marijuana for medicinal and recreational use, as well as those where it is still illegal.

US States Which Allow the Use of Marijuana-Derived CBD for Recreational Usage
At the moment, there are ten states which have legalized the use of CBD obtained from both hemp and marijuana for medicinal and recreational use.

In California, for instance, CBD oil is legal and can be bought without a doctor’s prescription if it is hemp-derived. This is thanks to the 2014 Agricultural Act, signed by former US president Obama. The bill allows the growing of industrial hemp in the States and legalizes all hemp products in all 50 states. Marijuana-derived CBD oil is also completely legal in the Golden State. Recreational usage is legal for people 21 years old and over, whereas medicinal usage is legal for people 18 years old and over.

However, even though you can use CBD legally in these states, we recommend consulting a medical practitioner to discuss whether it is safe for you.


US States Which Allow the Use of Marijuana-Derived CBD for Medicinal Usage
At the moment, 47 US states allow the use of CBD derived from marijuana for medicinal use.

However, the regulations for this use vary depending on the state. Most of the states allow medicinal use of CBD for a large number of conditions.

For instance, Arizona is quickly becoming one of the best places to buy CBD oil in the Southwest, with a large number of dispensaries in Phoenix, Tucson, and Tempe.

Several states set more specific requirements before the use is approved. For instance, the CBD product must contain no THC or contain it only in traces, or the patient must suffer from a certain condition.

It should be noted that in most of these states the regulations require the patient to get a medical marijuana card in order to be able to consume CBD legally. To qualify for this card, the patient must have a diagnosed condition which is on the state’s list of conditions that can be treated with CBD. Then, with a recommendation from a local doctor, the patient can obtain a medical marijuana card which allows him to buy CBD products derived from marijuana.

For instance, in Georgia, in order to be able to use CBD oil legally, you need to have a patient identification card. This card confirms that you are in the state’s registry of Low-THC oil users. In addition, a certified physician must diagnose you with one of the medical conditions approved for CBD treatment, including cancer, epilepsy, MS, Parkinson’s disease, etc.

We strongly recommend that you consult a lawyer before buying CBD oil in the above-listed states.

US States Where CBD Derived from Marijuana is Illegal
In several states, the use of CBD derived from marijuana is still completely illegal. The use of CBD derived from hemp is also in a gray area. Currently, CBD is illegal in Nebraska, Idaho, South Dakota, and Kansas.

If you reside in any of these states, we recommend extreme caution. Even though some shops may sell CBD, its use, possession, and sale are risky.

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