Is CBD Oil Legal in all 50 U.S. States?

Hemp vs. Marijuana-Derived CBD

As many know, hemp was unfairly stigmatized when recreational marijuana became a primary target for prohibition in the early part of the 20th century. Although hemp and commercial marijuana are both types of cannabis, they vary greatly in the properties that comprise their primary compounds. As opposed to hemp — which has greater amounts of CBD — recreational marijuana is consumed for its tetrahydrocannabinol, or THC, content.

THC is the only compound in cannabis that has the ability to induce psychotropic, or intoxicating, effects, and higher amounts of THC is what determines the value of commercial marijuana. Conversely, industrial hemp growers typically strive to produce plants that contain higher amounts of CBD, as well as a rich profile of additional cannabinoids.

In order for hemp to be federally legal, it cannot contain more than 0.3% THC. Anything more than that makes it a controlled substance, which means it is then regulated by the Drug Enforcement Administration.

State laws regarding Hemp, Marijuana and Cannabis

You might wonder, what are my state laws regarding hemp, marijuana, and cannabis? For hemp and CBD laws, the best way to find this information would be to go to your state’s agricultural or public health department websites. CBD can fall under two different categories of regulation, because hemp is typically mandated by the state’s agricultural guidelines, but the inclusion of CBD into food and beverages is usually determined by the state’s public health department.

A lot of states are waiting for the FDA to release their own set of guidelines regarding the inclusion of CBD, because most public health departments and food regulators like deferring to FDA requirements. However, many state officials acknowledge that expediency is warranted in this process, as the demand for CBD products continues to be at an all time high.

Although marijuana that contains over 0.3% THC is federally prohibited, many states have now passed individual mandates which allow for its medicinal as well as recreational use. Advocates continue to push for the federal decriminalization of cannabis, regardless of its THC content.

Local Laws

Regional counties and cities can also enact their own local laws regarding hemp, marijuana, and cannabis, so it is always good to be mindful of residential guidelines as well as the state and federal rules. This information is typically available online or by contacting local officials.

It is always good to stay active and informed when it comes to your rights, and the only way to reform legislation is to have an awareness of how the system works. This begins at the individual level, and it is crucial to be educated about your local regulations because those have the ability to affect you the most.

Most states are keen to capitalize on the abundant opportunities that the hemp industry can provide. Unfortunately, there are still a few who seem to be wary of allowing any kind of hemp production.

The Farm Bill allows for each state to create their own hemp guidelines, or they can choose to follow the United States Department of Agriculture rules that are being laid out. There are still some points of contention among regulators and farmers regarding certain requirements, including when hemp crops are tested for THC content, and how those crops can be further utilized or disposed of.

Hemp farmers want to have the right to sell crops that may have tested higher in THC for use as textiles or bio-fuel. Unfortunately, this conflicts with current DEA restrictions, which stipulate that “hot” crops are considered a controlled substance and therefore must be destroyed.

Advocates are continuing to support the improvement of regulations and farmer protections that will allow for some flexibility when it comes to these particular issues. The 2018 Farm Bill was a step in the right direction, but further clarification is warranted in order for the industry to stabilize. This will greatly benefit consumers, cultivators, and manufacturers alike.